The Association of Community Pharmacists of Nigeria has requested that Justice Binta Nyako of the Federal High Court, Abuja Division, recuse herself from the suit filed against the union and its National Executive Council.

ACPN and its eight other members of the NEC and the FCT branch made the application in a preliminary objection filed to challenge the suit marked FHC/ABJ/CS/895/25.

The members include Ambrose Dcphar, national chairman of ACPN, sued as representative of the NEC; Omokhafe Ashore, national secretary of ACPN; and Agwaye Ogenekuro, designated chairman of the caretaker committee of ACPN, FCT branch, as the first to fourth defendants.

Others are Edwin Okechukwu, designated secretary of the caretaker committee, ACPN, FCT Branch; and Ekema Essein, designated member of the caretaker committee, ACPN, FCT Branch, as the 5th and 6th defendants.

They also include Tunde Shittu, designated member of the caretaker committee, ACPN, FCT Branch; Usman Fatima, designated member of the caretaker committee, ACPN, FCT Branch; and U.N.O. Uwaga, sued as chairman and representative of the Board of Trustees of ACPN, as the seventh and eighth defendants, respectively.

The nine applicants, in the process dated and filed on June 13 by their lawyer, Uche Uzukwu, sought two orders.

They asked the court for an order “recusing your Lordship, Justice Binta Nyako, from the hearing and/or determination of the case”, including an order of this “honourable court transferring this case file to the honourable chief judge of the Federal High Court Abuja for the reassignment of same to a different court”.

In their grounds of argument, they alleged that Abdul-Rahaman Momodu (ARM), the chief executive officer of Universal Gaskiya Pharmacy Ltd, is married to the niece (Zanaib Momodu) of Justice Binta Nyako’s husband (Muritala Nyako).”

The defendants further alleged that Mr Abdul-Rahaman is a member of ACPN, FCT Branch, and a staunch supporter of the claimants in the suit, particularly the first and second claimants. The defendants, therefore, urged the court to grant their reliefs in the interest of justice.

The defendants, in another preliminary objection dated and filed on July 4, sought an order striking out the claimants’ suit in its entirety for being incompetent, an abuse of court process, forum shopping, and/or a lack of jurisdiction and competence of the court to hear and determine the same.

Giving 11 grounds to back their argument, they said that the jurisdiction of the court is firmly entrenched and circumscribed in Section 251 of the 1999 Constitution (as amended) and in an Act of the National Assembly.

They submitted that there was nothing in the statement of claim of the claimants/respondents that activates the jurisdiction of the court to hear the suit, as the claimant’s statement of claim determines jurisdiction.

The defendants stated that the FCT Branch of ACPN “is an unregistered body/association and therefore a non-juristic person”.

“An unregistered association can only sue and/or be sued by/in its representative(s) capacity,” they argued.

They equally argued that the 3rd claimant (Amade Enejoh) and others had filed similar suits (CV/1105/2025 and CV/1418/2025) against the 1st defendant and others, which were pending before the FCT High Court, Abuja Division.

They, therefore, asked the court to strike it out.

Three aggrieved members of the FCT chapter of ACPN, including Aloba Isaac, chairman; Iyalla Chris, secretary; and Amade Enejoh, had instituted the suit.

The claimants, in their writ of summons dated and filed on May 7, accused the defendants of unduly interfering in the March 27 election that produced them as the FCT’s executive members.

They, therefore, sought a declaration that the election of the FCT branch executive committee members of the ACPN, conducted on March 27, was in accordance with the by-laws of the branch and the constitution of ACPN, and thus lawful, valid, and of full effect.

They sought a declaration that the purported consequential appointment of the fourth to eighth defendants as members of a caretaker committee for the ACPN FCT Branch was accordingly null and void ab initio and of no effect whatsoever.

The claimants then prayed the court to make an order of perpetual injunction, restraining all the defendants, especially the fourth to eighth defendants, “from interfering in or disrupting the affairs, activities, funds, bank accounts, properties and other formal acts of the administration of the ACPN FCT Branch.”

Upon resumed hearing in the matter, Daniel Alumun, who appeared for the claimant, informed Ms Nyako that the matter was scheduled for mention.

He, however, said that the senior counsel, who is leading the team, instructed him to apply for a stand-down of the matter till 11:00 a.m.

When the judge enquired why the lead counsel was seeking a stand-down of the case, Mr Alumun said it was because the matter was meant for the hearing of the defendants’ preliminary objections.

“I cannot take the preliminary objection today. I can only adjourn to take that.

“I don’t see the urgency in this matter,” she said.

The judge subsequently adjourned the matter until October 15 for the hearing of the preliminary objection.

(NAN)