12 May 2017

Nigeria: Cooking Gas Marketers Seek Court Injunction Against Umbrella Association

Marketers of Liquefied Petroleum Gas (LPG), better known as cooking gas, under the aegis of the Nigerian Association of Liquefied Petroleum Gas Marketers (NALPGAM) has asked a Federal High Court sitting in Lagos for an injunction restraining the individuals parading themselves as the executive and council members of the Nigeria Liquefied Petroleum Gas Association (NLPGA) from doing so, pending the determination of the substantive suit.

In the suit Number FHC/L/CS/180/A, which is listed for hearing on May 16, 2017, NALPGAM is also seeking an order by the court setting aside all the purported amendment so carried out on the Article of Association of NLPGA, pending the hearing of the suit.

According to the court documents obtained by THISDAY, those listed as defendants in the suit include: Nigeria Liquefied Petroleum Gas Association; Messrs Nuhu Yakubu; Baylon Duru; Mrs. Omowunmi Adebayo; Messrs Felix Ekundayo; JA Coker; Ian Brown; Azeez Ganiyu; Prince Bambo Ademiluyi; Messrs. SO Fatuyi; Alex Izuogu; Femi Sanni; Dayo Adeshina; Mrs. Nkechi Obi; Mrs. Joy Shaiyen; Alhaji Auwalu Ilu and the Corporate Affairs Commission (CAC).

The plaintiff is the registered trustees of the Nigerian Association of Liquefied Petroleum Marketers (NALPGAM).

The cooking gas marketers, who are also major stakeholders in NLPGA, accused the officers of the umbrella body of illegally amending the Article of Association of the body to facilitate their purported emergence as elected officers, contrary to the provision of the Memorandum and Article of Association.

The marketers said they were "flabbergasted" by the discovery of the fraudulent manner the officers of NLPGA engineered a purported resolution altering and amending the Memorandum and Article of Association and purported filling of the fraudulent document with the Corporate Affairs Commission (CAC).

NALPGAM, which is a member of NLPGA, said the manner the officers of NLPGA emerged violated the Article of Association and urged the court to declare the election conducted based on the amended Article of Association as null, void and of no effect.

According to the affidavit in support of their motion for the court injunction, the marketers averred that the Annual General Meeting of NLPGA held on June 16, 2015 violated Section 28 of the Article of Association of the body filled on May 13, 2007 by employing fraudulent guidelines to purportedly elect principal officers and governing council.

The marketers argued that since the executive and governing council members of NLPGA emerged through means that are contrary to their Article of Association of May 13, 2007, the court should declare that they are not validly elected officers of NLPGA.

"That the 1st defendant (NLPGA) also in violation of the provision of its Memorandum and Article of Association in force radically altered, amended and purported to replace the existing Memorandum and Article of Association of the 1st defendant with a purported resolution dated July 21, 2015. That the amendments and alterations in the said resolution were not proposed and passed in any AGM of the 1st defendant on July 21, 2015 or any time prior to it being presented to the 17th defendant (Corporate Affairs Commission)," said the marketers in their affidavit.

Nigeria

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