FOR THE RECORDS: How Court Struck Out Debo Oshundun's Case Against SWAN News

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FOR THE RECORDS: How Court Struck Out Debo Oshundun's Case Against SWAN

By Daily Sports Nigeria on January 26, 2023

The judgment was delivered by His

Lordship M. N ESOWE ON THE 23/01/22

The claimants commenced the suit by Originating summons praying the court that his removal from office as chair lagos swan chapter by SWAN was wrongful and illegal amongst others

In response to the applicants Originating summons, swan counsel Barr Ajibola Akinwale filed a comprehensive counter affidavit and also filed a notice of preliminary objection to the competence of the suit on the grounds that the court lacks jurisdiction to hear and determine the suit on the ground s that SWaN is a registered independent. Professional association and not a Trade union

That the swan having been registered at cac , issued relating to its operation is within jurisdiction of the federal high court anong others

The applicants thereafter filed an interlocutory motion praying the court to restrain Swan from conducting its lagos state chapter election held in 2022 and that the court should set aside the decision of swan congress appointing swaneco and disbandment of swaneco.

Swan lawyer filed a robust counter affidavit In response to same. Applicants thereafter withdrew the application which was structout

The court in its judgment that was read for more than 1hour upheld Swan counsel' Notice of preliminary objections and struck out the applicants suits and reliefs sought and held as follows

1) swan is an independent registered professional association and not a trade union within the meaning of Trade union Act and there is nothing before the court that swan was registered as trade union

2)court held that the fact's of the applicants case, the applicants case arose from internal dispute with the swan association and that dispute within an the association can only be resolve only thru the internal mechanism of swan association

3) The court berated NUJ and NUJ president sued as 5th and 7th Defendants for their failure and refusal to enter appearance and failure to file anything in defeence of the suit. That the NUJ defence if had been filed would have probably throw more light to the case and that since they elected not to file anything in defence the court could not wait for them forever.

The court finally agreed with the argument of swan in the notice of preliminary objection and struck out the applicants case and the reliefs sought by the applicants

Certified true copy of the judgment shall soon be uploaded as soon as obtained next week friday 4th February 2022

Source Daily Sports Nigeria

Posted January 26, 2023