A Senior Advocate of Nigeria, Taiwo Kupolati, who represented the registered trustees of the All Farmers Association of Nigeria (AFAN), has welcomed the decision of the Court of Appeal affirming the sack of Kabir Ibrahim as the association’s president, saying it upholds the rule of law and the association’s founding values.
In an exclusive interview with PREMIUM TIMES on Thursday in Lagos, Mr Kupolati described the appellate court’s ruling as “solid” and a further confirmation that Mr Ibrahim was illegally occupying the office six years after his tenure expired.
|
|
“The storyline is quite simple,” Mr Kupolati said. “This is an organisation that was established by law and was incorporated. And if you have a corporation, like the All Farmers Association of Nigeria, it will also have its own system of administration.
“It will have a governance structure, and it also has trustees—eminent people,” he said.
|
|
|
|---|
He explained that Mr Ibrahim became AFAN president in 2014 and was entitled to a single five-year term, which expired in 2019 as provided in AFAN’s constitution.
However, he said rather than stepping down, Mr Ibrahim claimed a constitutional right to remain indefinitely—a claim both the Federal High Court and now the Court of Appeal have dismissed.
“When his term expired in 2019, Kabir Ibrahim refused to leave. He claimed that under some provisions of the constitution, he was supposed to be president for life.
“The Farouk Mudi group decided to turn to the law. They went to the Federal High Court and asked the court to interpret the constitution of the association,” he noted.
He further explained that a judge of the Federal High Court in Abuja, Taiwo Taiwo, now retired, ruled that the AFAN constitution allowed only one term of five years, and declared Mr Ibrahim’s continued occupation of the office illegal.
“The court found in its judgement that the president is entitled to only one term of five years, which expired in 2019.
“From 2014 to 2019 was five years. Gentlemen, this is 2025. This is an example of a very calamitous situation,” he stated.
The lawyer added that Mr Ibrahim was not a trustee of AFAN and therefore lacked the standing to override the organisation’s governance structure.
“This is an association meant to help coordinate and support Nigeria’s food system. And you have one man—who is not even a trustee—insisting that he has the right to continue as president indefinitely,” he added.
Appeal dismissed
Following the High Court ruling, Mr Ibrahim proceeded to the Court of Appeal, which on 17 July, dismissed his appeal for lacking merit. The appeal court awarded N200,000 against him in favour of Mr Mudi—the court-recognised leader of the association as the valid president.
The Court of Appeal affirmed the March 2022 Federal High Court’s decision that Mr Ibrahim’s tenure ended on 14 June 2019 and ordered him to vacate the office and return AFAN property.
In the unanimous ruling of the three-member bench of the Court of Appeal, appellate judge Mohammed Danjuma who delivered the lead judgement affirmed that the April 2021 AFAN general assembly election in Kano—which produced Mr Mudi—was valid.
In two separate suits at the Federal High Court—FHC/ABJ/CS/322/2020 and FHC/ABJ/CS/329/2020—both parties had sought legal clarity over leadership claims. Mr Ibrahim challenged Mr Mudi’s emergence, while Mr Mudi asked the court to declare Mr Ibrahim’s continued stay unlawful.
The court ruled in favour of Mr Mudi, citing Article 13.1 of AFAN’s constitution and Section 593 of the Companies and Allied Matters Act (CAMA), which provide for a single five-year term for officeholders.
Mr Taiwo also granted a perpetual injunction restraining Mr Ibrahim and his dissolved NWC from acting on behalf of AFAN or using police agents to harass the new leadership.
According to the court filings, the 13-member caretaker committee led by Mr Mudi was inaugurated on 4 March 2021 by Murtala Nyako, Chairman of AFAN’s Board of Trustees.
AFAN, a national umbrella body for Nigeria’s commodity-based associations, was established in 1995 to support and regulate the agriculture sector.
READ ALSO: Appeal Court affirms removal of Kabir Ibrahim as president of farmers association
Heading to Supreme Court
Meanwhile, Mr Ibrahim has vowed to challenge the Court of Appeal judgement at the Supreme Court. In a statement issued shortly after the ruling, he insisted he remained in charge of AFAN.
“We will proceed to the Supreme Court to seek justice,” he said. “I urge everyone to stay calm and go ahead with their normal activities while our lawyers file the necessary papers.”
Reacting to Mr Ibrahim’s vow to head to the Supreme Court, Mr Kupolati expressed confidence that the Supreme Court would uphold the lower courts’ decisions.
“The same weak arguments that failed at the Court of Appeal are what he’s taking to the Supreme Court,” he said. “No court in Nigeria will uphold a provision that allows anyone to become a life president of a democratic association. That would defeat the entire purpose of democracy.”
He said contempt proceedings may be initiated if Mr Ibrahim continues to parade himself as president despite the rulings.
Discover more from Premium Times Nigeria
Subscribe to get the latest posts sent to your email.
