The non-comprehension of all the judgements and orders issued by Justices Rilwan M. Aikawa and Oguntoyinbo by those who ought to know has portrayed the crisis in ANLCA as unending, unsolvable and indeterminate.

Fact is those that the initial Justice Aikawa's judgement of 11 th October 2019 also affected by implication, refused and ignored the effects and import of that judgement. Some members carried on as if that judgement favored them, forgetting the fact that they were equally negatively affected.

The simple reason is that the judgement expressly, and by implication, also affected them. Justice Aikawa declared unambiguously: “I hereby declare that it is only when the Corporate Affairs Commission (CAC) gives its assent upon application by ANLCA that any appointment of a Trustee can be valid.”

In other words, no one can build something on nothing.

Justice Aikawa declared further: "I hereby declare that any replacement or appointment of additional trustee made without the assent of the CAC is void.” This, by implication, means that all actions taken by that BOT remained unknown to the law.

Therefore, whatever that BOT did, before Justice Aikawa’s judgement, remained null and void and of no consequence. NECOM that was a product of that unrecognized BOT, carried on as if they were unaffected, and that is why they have been making fool of themselves, and still behaving as if they have won a lottery, by suffering the fool’s paradise.

Now, who are they fooling by posturing as if they were legitimate in the first place? The public or who?

That they disturbed the BOT from functioning, even after the BOT secured an order barring anyone or organ of the association from restraining the BOT in FHC/L/CS/599/2020, they still carried on as if nothing was amiss.

Also read:   PUBLIC OPINION: ANLCA: Why Court sack NECOM and totally voids its essence

The BOT, in its desire to observe all due diligences, went back to court to demand the restraining of NECOM in FHC/L/CS/921/2020, where it was explicitly stated and ordered thus: “The defendants/Respondents (the “Defendants”) either by themselves, their agents, members, privies, or whosoever howsoever are hereby restrained in the interim from taking any actions, step or conducting themselves in any manner that is capable of harassing, intimidating, restraining or inhibiting the plaintiffs and other trustees of the 1 st Defendant registered with the 5 th Defendant as contained in the certificate of registration dated 16 th of January 2020, from functioning as lawful registered trustees of the association, pending the determination of the motion on Notice in this suit.”

Chief Ernest Elochukwu-Fmr. NP & Member, BOT BOT Registration Certificate Dayo Azeez – Member, BOT Justice Oguntoyinbo went further to order to state that: “The Defendants either by themselves, or their agents, members, privies, or whosoever howsoever are hereby restrained in the interim from making any statement, or publishing any information, communique or anything whatsoever or engaging in any acts capable of affecting the “Trustees of ANLCA” status of the plaintiffs in this suit and other Trustees registered with the 5 th Defendant as contained in the certificate of registration dated January 16 th 2020, pending the determination of the Motion in this suit.

Furthermore, Justice O. O. Oguntoyinbo ordered that: “The Defendants either by themselves, or their agents, members, privies, or whosoever howsoever are hereby restrained from taking any step, or any action capable of interfering with the activities of the Plaintiffs herein, and other trustees of ANLCA contained in the certificate of registration dated 16 th January 2020, in carrying out their duties to the association in line with the provisions of the constitution of the association, pending the determination of the Motion on Notice in this suit.”

With these clear and explicit orders, need anyone be further convinced that the Board of Trustees is now in charge of ANLCA? Importantly, none of the above mentioned judgements, injunctions and orders has been contested in court or appealed against, by those it directly impinged against. Where then does the dismissed NECOM derive its powers or legitimacy from, to address a so called Press conference (if actually they did) to state that the BOT elected in 2014 expired in February 2020, when in actual fact the BOT got their certificate of registration from Corporate Affairs Commission (CAC) on the 16 th day of January 2020, thereby activating legally their six year tenure afresh on that date?.

These impostors must be told in unmistakable terms that their grandstanding is up, and that by their latest rantings, they are obviously courting contempt of the court of Justice Aikawa, who co- incidentally gave judgement in suit # FHC/L/CS/1274.2018 and also gave the order in FHC/L/CS/921/2020.

I think that some members of the sacked NECOM are finding it difficult to believe the turn of events, when they collectively decided to believe that TWO is greater than FIVE up till date. Now that the resilience of the five authentic BOT members for almost thirty months has proven a hard nut to crack, why won’t they just swallow their pride and cooperate with the authentic BOT to rejuvenate ANLCA, unite ANLCA and let us claim our numero uno position in the maritime industry as the Vital Link in cargo clearance, for the benefit of our teeming, suffering and long neglected members?

In the latest order by Justice Rilwan Aikawa, he specifically ordered as follows: “That an order is granted restraining the 9 th to 30 th Defendants/Respondents – by themselves, their servants, privies and agents from acting, signing or writing letters and parading themselves as National Officers of the Association of Nigerian Licensed Customs Agents until the hearing and determination of the interlocutory injunction.”

Those who have ears must hear with them, and those with functioning brains must think deeply, wisely and dispassionately. Ignorance of the law is not an excuse in law.

*PUBLIC OPINION is neither the direct, nor indirect view of the Maritime First newspaper – Editor