By Onozure Dania

THE Court of Appeal sitting in Lagos, has reserved judgement in the appeal by former Entertainment Chairman of Ikoyi Club 1938, Mr. Gbenga Gbadesire, against the Registered Trustees of the Club over his alleged wrongful expulsion from the club.Court, Housewife

Gbadesire, whose N100 million fundamental rights enforcement suit challenging his expulsion on account of not being given fair hearing was dismissed by the judgement of Justice K. Dawodu of the Lagos State High Court in Igbosere, had appealed.

He prayed the appellate court to set aside the decision of the lower court and grant his reliefs.

At the resumed hearing in the matter, counsel to the Club, Chief Ebun Sofunde(SAN), urged the court to dismiss the appeal.

But Gbadesire through his counsel, Mark Alata of Festus Kayemo Law firm, contended that the “learned trial judge erred in law by holding that the respondent complied with the Rules of the Club hence the appellant’s right to a fair hearing was not infringed upon.

“It is our humble argument that the respondent unilaterally changed its decision of suspending the appellant to expulsion without allowing the appellant to be heard in gross violation of Rule 9 of the Respondent’s Rules.

“We refer this court to Section 46 of the Constitution, which provides that ‘any person that alleges that any of the provisions of this Chapter has been, is being or likely contravened in any state in relation to him may apply to high court in that state for redress’.

“The general committee of the respondent ought to observe the principles of natural justice/fair hearing before passing a resolution to expel the appellant.

“The right to a fair hearing is one of the fundamental rights provided under Section 36 of the 1999 Constitution. On no account can these rights be waived or taken away.

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“We submit that there is a breach of the principle of fair hearing as can be gleaned in the applicant’s case. The law is inflexible that any decision arrived at would be nullified notwithstan-ding that the conclusion would not have been different if the principal had been adhered to.”

He prayed the court to set aside the decision of the lower court.



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