“PRETTY
OKAFOR STILL THE PMAN PRESIDENT”
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 14th 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. 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 doesn’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 the 31st day of October 2014 pronounced
the terms of settlement dated and filed on the 13th day of October 2014,
a consent Judgment in the aforementioned suit.
(3) But the
ruling of 14th April 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 17th November 2014
but filed on the 18th November 2014 seeking to set aside a consent
Judgment delivered on 31st day of October, 2014 which said judgment
was not predicated on a terms of settlement dated 23rd day of April 2014
as contained in the said ruling of 14th April 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 the
31st day of October 2014 based on a terms of settlement dated 23rd
day of April 2014 as erroneously contained in her Jankara-market-like-ruling of
April 2014.
(5) It is apparent
that the ruling in itself is a nullity from an exercise futility.
(6) Consequently,
the said consent judgment delivered by the Hon. Justice O.E Abang on the 31st
day of October 2014 is valid, subsisting and binding on all the parties
accordingly.
(7) That the
learned Judge acted or conducted the proceedings of the 18th
February 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 14th April, 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 statusquo 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 21st
century democratic Nigeria.
Bases of
Appeal.
1. We were not part of the mentioning,
not part of the hearing, not part of the ruling. What kind of ruling is that? Can somebody shave your head in your absence?
Signed
Dr Kenny A.
George
PMAN GENERAL
SECRETARY
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