Following a judgement delivered by Justice Oluremi Oguntoyinbo of Federal High Court Lagos in favour of embattled chairman of the Lekki Phase 1 Residential Association, LERA, Kayode Otitoju, the residents of the highbrow estate are adamant about not having Otitoju as their chairman and are appealing the judgement.
Justice Oguntoyinbo had nullified the LERA election of September 27, 2020, following an application by Otitoju for an order to set aside the poll. Oguntoyinbo also voided LERA’s suspension of Otitoju on the ground that it failed to avail the plaintiff fair hearing before taking such disciplinary action.
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.
But LERA went ahead and conducted the election despite the pendency of the suit. Otitojuthen 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.
In her judgement, Oguntoyinbo not only accused LERA of deliberately undermining and ‘disrespectfully’ ignoring the court by holding the election, she ordered the association to conduct another election into its Executive Council within 30 days from the February 17 judgment date.
Following this judgement, Otitoju put out a notice for an Annual General Meeting scheduled to hold on Sunday February 28 to deliberate on ways to comply with the court judgement to conduct another election within 30 days from the February 17.
However, residents of the estate have disowned the notice of the AGM.
In a notice sent out by Yomi Idowu, the chairman thrown up from the September 27 elections that the Federal High Court annulled, it refuted the notice of the meeting, saying it did not call for any Annual General Meeting.
“The esteemed residents of LERA should jettison the PURPORTED NOTICE OF ANNUAL GENERAL MEETING, being circulated around the social media, said to have been issued by LERA exco,” the notice read in part.
Also, the Yomi Idowu led chairman also reminded residents that it had filed an appeal and a stay of execution of the judgement of Justice Oluremi Oguntoyinbo delivered on 17th February, 2021, a day after the judgement.
“Remember that LERA has filled and served its Notice of Appeal and Stay of Execution of Hon. Justice Oguntoyinbo’s judgment delivered on the 17th of February, 2021. LERA FILED ITS NOTICE OF APPEAL dated 18th February, 2021 to invite the higher court to find out whether, on proper consideration of facts placed before it, and the applicable law, the lower court arrived at a correct decision.
“LERA has taken a further step by FILING and SERVING an application dated February 25, 2021 on the 26th of February, 2021 to STAY EXECUTION of the Judgment delivered by His Lordship, Justice OGUNTOYINBO of the Federal High Court on the 17th of February, 2021 pending appeal to the Court of Appeal.
“Also, LERA being an applicant for stay of execution of the judgment has started the process of compiling the records of appeal which the law allows to be done within 60 days from the date of filing a notice of appeal. The Court’s appeal section has given a date for compilation which is Monday, 1st March, 2021.
“Note that LERA executive members remain the following underlisted people until otherwise decided by the superior courts. These are; Chairman, Yomi Idowu, Vice Chairman, Sir Malachy Ezeoke, Secretary, Funmi Adeogun, Treasurer, Winifred Kakada.
“Notice of LERA’S monthly General Meeting would be sent to all residents via LERA’S Telegram and email,” the statement said.