"I'm still the president" - Pretty Okafor

Against the backdrop of the recent ruling delivered by the Hon. Justice C.M.A. Olatoregun –Ishola of the Federal High Court Lagos Division on the 14 April 2016 in suit FHC/L/CS/919/2012 which attempted to set aside the Consent Judgment establishing  the current National Executive Caretaker Committee of the Performing Musicians Employers’ Association of Nigeria- (PMAN) headed by Mr. Pretty Okafor has already  crashed on arrival as it can never stand the test of time.

According to the Notice Of Appeal and the motion on notice filed at the Court Of Appeal on behalf of PMAN by Ogbeide Kingsley Ukumhen Esq., it states among other things that:

(1) The trial judge erred in law by setting aside a consent judgment that was entered by the court based on terms of settlement that was neither an issue before the court nor contested by any parties to the suit.

(2) That from records of court below, it is obvious, apparent and undisputed that parties to the suit entered executed and filed several terms of settlement based on which the court only gave its seal upon. Further to the above, the law is trite that the terms of settlement properly executed and duly filed by parties to a suit don’t become consent judgment of court unless and until pronouncement is made to that effect by the court binding parties thereto accordingly.

For the avoidance of doubt, it must be noted that Hon Justice O.E Abang of the Federal High Court, Lagos Division on October 31, 2014 pronounced the terms of settlement dated and filed on the October 13, 2014, a consent Judgment in the aforementioned suit.

(3) But the ruling of April 14, 2016, subject of this appeal showed that Hon. Justice C.M.A. Olatoregun –Ishola while relying only on the relief sought by the respondents in their motion on notice dated November 17, 2014 but filed on November 18. 2014 seeking to set aside a consent judgment delivered on October 31, 2014 which said judgment was not predicated on the terms of settlement dated April 23, 2014 as contained in the said ruling of April 14, 2016.

(4) Hon. Justice C.M.A. Olatoregun –Ishola should be told in unmistaken terms that from available records of court, that there is no consent judgment delivered on October 31, 2014 based on a terms of settlement dated April 23, 2016 as erroneously contained in her Jankara-market-like-ruling of April 14, 2016.

(5) It is apparent that the ruling in itself is a nullity from an exercise in futility.

(6) Consequently, the said consent judgment delivered by the Hon. Justice O.E Abang on October 31, 2014 is still valid, subsisting and binding on all the parties accordingly.

(7) That the learned Judge acted or conducted the proceedings of February 18, 2016 in secrecy which said proceedings culminated in the ruling herein challenged is on its own a violent breach of the appellant’s fundamental right to fair hearing as guaranteed under section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended. (8) Therefore, no one should be deceived by the said ruling of April 14, 2016.

Only the orchestrators of the said ruling themselves and their co-travelers in duplicity are the only ones that can be deceived since the appeal mandates all parties to the case to maintain status quo ante pending the hearing of the appeal and the determination of the ruling by the appellate court.

(9) That the principle of natural justice connotes that a court of law ought to give equal opportunity to all parties in a suit before it to be heard on the issues raised before ruling on the matter that was not the case here which is reminiscent of military junta era.

This is 21 century democratic Nigeria.

Bases of Appeal.

This is a feature by PMAN.