A Federal High Court in Lagos has nullified the Lekki Peninsula Phase1 Residents Association (LERA) election of September 27, 2020, following an application by LERA Chairman, Sir Kayode Otitoju, for an order to set aside the poll.
Justice Oluremi Oguntoyinbo upheld the application and nullified LERA’s suspension of Otitoju on the ground that it failed to avail the plaintiff fair hearing before taking such disciplinary action.
She ordered the association to conduct another election into its Executive Council within 30 days from the February 17 judgment date.
Otitoju, on June 15, 2020, had filed a motion of notice against LERA, seeking an interlocutory injunction to restrain LERA’s trustees from conducting election into its Executive Council.
When LERA conducted the election despite the pendency of the suit, Otitoju filed a motion on October 2, 2020, seeking to nullify the poll. He also prayed for the nullification of his suspension and five other reliefs.
Justice Oguntoyinbo accused LERA of deliberately undermining and ‘disrespectfully’ ignoring the court by holding the election.
She said: “The defendant’s conduct to proceed with the election despite knowing such steps would prejudice the relief(s) sought in the originating summons is reprehensible. I hereby set aside the September 27, 2020 election.”
The court noted that Otitoju was purportedly suspended via a June 3, 2020 letter, but that there was no provision in LERA’s constitution ‘that confers powers upon the defendant to suspend the plaintiff’.
The judge added: “The plaintiff’s suspension is hereby declared null, void, illegal and of no effect whatsoever. I hereby direct that another election be conducted into LERA’s Executive Council within 30 days from the date of this judgment.”
See below a copy of the judgement