Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, has dismissed a suit filed by the Registered Trustees of the Auto Spare Parts and Machinery Dealers Association (ASPMDA) against the Lagos State Government and the Inspector-General of Police, describing the case as “an abuse of court process.”
The trustees, represented by their counsel, A. Yekeen, had asked the court to declare that the Lagos State Government lacked the legal authority to interfere in the management and leadership of the association. They relied on provisions of the 1999 Constitution (as amended) and sections of the Companies and Allied Matters Act (CAMA), 2020, to argue that such interference was unlawful.
They also sought a declaration that it was ultra vires for the state government to act based on any legal advice from the Inspector-General of Police aimed at dissolving or removing ASPMDA’s executive officers.
However, counsel for the Lagos State Attorney-General, E. O. Akande, who is a director at the Ministry of Justice, urged the court to dismiss the application. He argued that the matter amounted to a gross abuse of the judicial process, pointing out that several similar suits involving the same parties had already been heard and determined.
Morufu Animashaun, a legal officer at the Force Criminal Investigation Department (FCID), Alagbon-Ikoyi, appearing for the Inspector-General of Police, aligned with Akande’s submission. Both lawyers cited previous cases, including LD/2588/GCM/2018, CA/L/1513/2018, FHC/L/CS/672/2020, and FHC/L/CS/1548/2021, as well as a related matter still pending before the Supreme Court.
They contended that the new case was repetitive, vexatious, and a deliberate attempt to reopen issues that had already been decided by competent courts.
Delivering judgment, Justice Lewis-Allagoa agreed with the respondents, holding that the suit was primarily about an internal leadership tussle within the association.
“The crux of the plaintiff’s claim rests on the contest for the leadership of the Registered Trustees of Auto Spare Parts and Machinery Dealers Association (ASPMDA),” the judge said.
“It revolves around the same issues, and it does not matter if different parties initiated those other suits LD/2588/GCM/2018, CA/L/1513/2018, FHC/L/CS/672/2020, and FHC/L/CS/1548/2021. The issues are the same — the leadership of the association. All the parties are members of that association. The present action is an improper use of the judicial process.”
Justice Lewis-Allagoa further explained that when two cases revolve around the same subject and seek reliefs that could have been pursued in an earlier action, the latter amounts to an abuse of court process.
“The law is that where a suit is an abuse of process, the proper order to be made is dismissing the process which constitutes such abuse,” he ruled.
Consequently, the court dismissed the case and ordered the trustees to pay costs of ₦200,000 each to the Lagos State Attorney-General and the Inspector-General of Police.
