⚖️ Pharmacists’ Union Asks Judge to Withdraw from Leadership Tussle Suit

Source: Agency Report

A Nigerian Pharmacist

The Association of Community Pharmacists of Nigeria (ACPN) has requested Justice Binta Nyako of the Federal High Court, Abuja, to recuse herself from a leadership dispute case involving the union and its National Executive Council (NEC).

The request is part of a preliminary objection filed on June 13 by the defendants in the case, challenging the neutrality of the judge due to alleged personal ties between her family and one of the claimants’ key supporters.

Background of the Case

The suit, FHC/ABJ/CS/895/25, was filed on May 7 by three aggrieved members of ACPN’s FCT chapter — Aloba Isaac (Chairman), Iyalla Chris (Secretary), and Amade Enejoh — who are contesting the interference in the March 27 election that produced them as FCT executives.

They allege that the NEC and other members unlawfully annulled the election and installed a Caretaker Committee, naming Ambrose Dcphar and Omokhafe Ashore (National Chairman and Secretary of ACPN), among others, as defendants.

The claimants are seeking:

  • A declaration affirming the validity of the March 27 election
  • A declaration nullifying the appointment of the Caretaker Committee
  • An injunction restraining the defendants from interfering with the branch’s operations, funds, and properties

Defendants Raise Bias Concerns

In the preliminary objection, the defendants — including ACPN NEC members and the Caretaker Committee — are urging the court to transfer the case to another judge. They cite a potential conflict of interest, alleging that:

  • Pharm. Abdul-Rahaman Momodu, a known supporter of the claimants, is married to the niece of Justice Nyako’s husband (Rtd. Vice Admiral Muritala Nyako).
  • Momodu is also a member of ACPN, FCT branch, and has strong affiliations with the 1st and 2nd claimants.

According to their lawyer, Uche Uzukwu, the defendants “do not have confidence” that Justice Nyako can deliver an unbiased judgment.

They also filed a second objection on July 4, arguing that:

  • The FCT branch of ACPN is an unregistered, non-juristic entity, which lacks the legal capacity to sue or be sued.
  • Similar cases are already ongoing in other courts, making this case an abuse of court process.

At the recent hearing, the claimants’ counsel, Daniel Alumun, requested a stand-down to allow the lead counsel to appear for the preliminary objection hearing. Justice Nyako, however, refused the request.

“I don’t see the urgency in this matter,” she stated, before adjourning the case to October 15 for hearing of the preliminary objections.

This legal battle touches on internal democracy, election integrity, and rule of law within professional associations like ACPN. The outcome could influence leadership legitimacy within the FCT branch and possibly set a precedent for dispute resolution in other professional bodies.

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