The National Industrial Court sitting in Ibadan, the Oyo State capital on Wednesday dismissed a suit filed against a former chairman of the Academic Staff Union of Polytechnic (ASUP), The Polytechnic Ibadan chapter, Mr. Kelani Ajani and three others for lack of merit.
The three others in the matter were ASUP, former ASUP Secretary, Mr. Najeemdeen Odunola and former ASUP Financial Secretary, Mr. Kazeem Oladepo.
The claimants, Mr. Isiaka Salami, Mr. Oyefemi Oyetunji, Mr. Mojeed Lawal and Dr. Babatunde Dosumu, who are members of the union, had sued the defendants over the conduct of ASUP election at the Polytechnic.
The claimants, through their counsel, Niyi Ajewole, told the court that the former ASUP chairman, Ajani, was not eligible to contest again for any election into any office of the chapter of the executive council until the allegation of misappropriation of the chapter’s fund has been resolved.
Ajewole had prayed for an order of the court restraining ASUP and Zone C ASUP Coordinator from conducting any election into the chapter’s executive council of the Polytechnic, Ibadan chapter of ASUP without the chapter’s congress constituting an electoral committee.
The claimants counsel also prayed the court directing the claimants to refund the sum of N12,143,360 been the fund belonging to ASUP Polytechnic Ibadan chapter which they are yet to account for.
In his argument, counsel to the defendants, Mr. Femi Aborisade, told the court that the constitution of ASUP stipulated procedures to be taken internally before dragging any member of the union to the court.
Aborisade said that the claimant failed to follow the procedure lay down by the union’s constitution and this made the case premature and the court cannot entertain it because of lack of jurisdiction.
He cited paragraph 5 (a) of the code of conduct of ASUP’s constitution which highlight steps to be taking internally before a member can be taken to court.
Aborisade told the court that the case was in competent and urged the court to uphold his preliminary objection and dismissed the suit for been an abuse of court process.
In his ruling, Justice John Peters said he has gone through the arguments of the counsel and there was nothing to show that the claimants followed the steps stipulated by ASUP’s constitution before bringing the matter to the court.
Peters said that the matter was premature, lacking in merit and the court lack jurisdiction to entertain it.
He dismissed the suit on the ground of been an abuse of court process.
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