Court vacates injunction order against ARCON’s registration process

A Federal Capital Territory, Abuja High Court on Monday, said it
has no jurisdiction to entertain a suit seeking to stop Architects’
Registration Council of Nigeria (ARCON) from discharging its
constitutional responsibility of examining those seeking to be
registered as architects.

Within a judgment that took less than 30 minutes to deliver,
Justice Muawiyah Baba Idris also vacated an interlocutory order
made against architects’ council on 30th July, 2019. And after
analysing the arguments for and against the order and the court’s
jurisdiction, the judge struck out the suit, saying only the
Federal High Court has the jurisdiction to entertain such suit.

However, efforts by ARCON’s lawyer to move the court to award
cost against the plaintiffs in favour of the Council met a brick
wall, as Justice Idris said there was no evidence of cost incurred
before him and therefore declined to make any order on cost in
favour of ARCON.

Piqued by ARCON’s planned program towards registration of new
architects, the following persons led by Ibrahim Kabir, Ayodeji
Kolawole, Andy Imafidon, Dike Emmanuel, Opiribo West, Abimbola
Ajayi and Emmanuel Ekeruche had approached the court to stop the
Council.

The list of plaintiffs also includes Nicholas Musa, who sued for
himself and other interested registered architects. Other
plaintiffs, who sat for controversial Nigerian Institute of
Architects (NIA) but are yet to pass through ARCON’s competency
measures, who are not registered architects include Ademakinwa
Olajumoke, Babjide Awonubi, Siyanbola Kukola and Emmanuel Adewunmi,
who also sued for himself and other aggrieved person that sat and
passed the NIA qualifying exams. They sued ARCON, NIA, Dipo Ajayi,
ARCON president and Njoku Adibe, president, NIA, as first to fourth
defendants respectively.

Resuming sitting Tuesday, the court was filled to capacity, and
despite repeated efforts by ARCON’s lawyer to have the judgment
delivered earlier, the judge in his wisdom scheduled the judgment
till much later. After resuming from his short break, some minutes
after midday, Justice Idris, who first reviewed the case and
submissions of counsel, said having taken cognisance that ARCON was
a Federal Government agency, a Federal High Court, has jurisdiction
on any administrative issue, such as the plaintiffs were
complaining about. ‘Having taken cognisance of the facts of this
case and argument of counsels for both sides, and citing section
251 (1) of the Constitution of the Federal Republic of Nigeria,
only the Federal High Court can adjudicate upon this matter.
Therefore, this court lacks jurisdiction, and so, I decline
jurisdiction”.

Justice Idris added: ”And for want of jurisdiction, this case is
accordingly struck out and the order of this court made on 30th
July, 2019, is accordingly struck out.” In the final analysis, the
court struck out the suit for lack of jurisdiction and discharged
the order of injunction made on 30th July 2019.

Two weeks ago, the same judge had refuted an interlocutory order
purportedly claimed by the plaintiffs that the court had made
against ARCON restraining it from registering new architects
pending the determination of a matter before it. The Judge, in the
open court, had said he never granted such order and expressed
surprise where the purported order emanated from.

Although, the judge had denied the interlocutory order, however,
in his judgment on Monday, the judge said: ”The order made by this
court on 30th July, 2019, against the defendants, was hereby
struck.” Justice Idris had issued the order following an ex parte
application moved by the plaintiffs’ lawyer. Addressing the court
then, ARCON’s lawyer, Nnabuike Edechime, had said that, it appeared
the plaintiffs misled the court in granting such order. According
to the lawyer, the said order was an attempt to hinder the ARCON
from discharging its statutory functions, which included raising
standards of architecture, registration of architects among
others.

Responding, the Judge said: ”I never grant such order. I don’t
have such order before me”, the judge insisted.

But ARCON’s lawyer, told the court of being in possession of
such order and read it in the court, it was said that the error
must be from the court’s registry. Moving the substantive matter,
Nnabuike Edechime, ARCON’s lawyer had said the court could not
grant interlocutory injunction during vacation but an interim
injunction.

He said that proper parties have not been brought to the court,
as both the third and fourth defendants were yet to be served.
Barrister Nnabuike said being a Federal Government agency, such
matter was on exclusive legislative list of the Constitution and
within exclusive jurisdiction of the Federal High Court and
therefore, FCT High court could not hear such matter. To them, the
claimants’ suit was brought in bad faith, just to waste the
precious time of the court and as a ploy to distract the first
defendant from discharging its statutory duties.

He then urged the court to dismiss to dismiss the suit, adding
that it is vexatious, and an attempt to waste the precious time of
the court. Responding, counsel to the applicants, S.N Mbaezike, who
contended that all the processes filed by ARCON were done out of
time, could not be attended to by the court. Responding to the
issue of ex parte application upon which the purported
interlocutory order was granted, plaintiffs’ counsel said he never
moved motion ex parts but motion on notice. He added that the error
must have been committed by the registry.

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