Court Nullifies Lekki Peninsula Phase 1 Residents Association Election

*Ex-chairman Otitoju’s suspension canceled

A Federal High Court in Lagos has nullified the Lekki Peninsula
Phase1 Residents Association (LERA) election of September 27,
2020.

Justice Oluremi Oguntoyinbo upheld an application by LERA
Chairman, Sir Kayode Otitoju, for an order to set aside the
poll.

The judge also 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, 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.”

*Ex-chairman Otitoju’s suspension canceled

A Federal High Court in Lagos has nullified the Lekki Peninsula
Phase1 Residents Association (LERA) election of September 27,
2020.

Justice Oluremi Oguntoyinbo upheld an application by LERA
Chairman, Sir Kayode Otitoju, for an order to set aside the
poll.

The judge also 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, 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.”