Contrary to reports making round in some sections of the media, the Association of Nigerian Licensed Customs Agents (ANLCA) has asked its members as well as members of the public to disregard such reports as it is only the Annual General Meeting (AGM) which has power to elect or extend the tenure of members of the Board of Trustees (BOT).
It will be recalled that about five members of the BOT namely; Alhaji Taiwo Mustapha, Prince Taiye Oyeniyi, Chief Ernest Elochukwu, Chief Dennis Okafor and Mr. Dayo Azeez while briefing newsmen on Thursday after their meeting at the ANLCA National Secretariat in Lagos informed that the Board had gotten an extension of another six years in office with effect from January 16, 2020 having regularized its registration at the Corporate Affairs Commission (CAC).
Alhaji Taiwo Mustapha who was elected as the Chairman of the Board during the meeting told newsmen that the extension was informed by the a Federal High Court ruling in Lagos which failed to recognize some of them as lawful members of the Board following the inability of the court to find their names in the Certified True Copy at the CAC as members of the ANLCA BOT.
Mustapha noted that following the development, they now proceeded to the CAC to regularize their names as members of the Board with their individual money adding that having done that, the Board would now proceed to spend another six years in office since the court had declared its first six years as null and void following its inability to capture the names of all the members.
Whereas the names of Chief Dennis Okafor, Dayo Azeez, Taiwo Mustapha and Ernest Elochukwu were not registered as Board members with the CAC, the names of Chief Henry Njoku, Aare Sani Shittu, Chief Peter Obih and Prince Taye Oyeniyi were registered with the CAC as initial members of the Board.
However, speaking with newsmen at the ANLCA National Secretariat in Lagos on Friday, the National Secretary of the association, Alhaji Abdulazeez Babatunde Mukaila stated clearly that by midnight yesterday, the 7th February, 2020, the tenure of the present BOT would have elapsed even as he said that nobody gets into ANLCA Board unless through an AGM called specifically for that purpose.
Mukaila added that the last time such AGM was called happened to be at Warri in the year 2014 adding that that was the same AGM with a resolution that returned the present Board.
He said, “However, whatever was their challenge or their inability to get themselves registered after their election, I believe that is their internal issue which is between them. However, that does not made them not to be our Board. Close to five to six hundred corporate companies most travelling by road freely gave them that mandate to sit on the Board of ANLCA Trustees. No one will sit in an air-conditioned room and extend such tenure. It is a joke of the century and it cannot stand.
“The President will make a categorical statement latest on Monday, it is quite unfortunate he is out of town to clarify more, he is in Abuja. So, the point I want to make clearly is by 12 midnight today, 7th February and I am saying this authoritatively because I delivered the election then as Chairman ASECO, their tenure will wind down and if anyone is interested to sit on our Board, announcement has been made by ASECO, all the President will need to do according to the constitution of ANLCA is to make a pronouncement of the date, time and venue of the next AGM that will produce the next Board. Nothing short of that.
“Therefore, as of tomorrow (today), under Section 30 subsection 2, which talks about the emergency power of the President, we have a situation on our hand. The drafters of this constitution, always envisage a situation where the President will be out of office and the Board will take charge. However, I will read under the emergency power of the President, “Where any issue or matter arises which is not covered or contemplated by this constitution, the BOT and/or the NECOM shall have power to take decision”. So, the President is going to be taking some landmark decisions because now the BOT is not there latest this midnight (last night).
“I will go back to let you know that the general administration of this association under Section 14, “The association shall be generally administered by the National Executive Committee in collaboration with the Chapter Executive Committee and any other standing or ad-hoc committees set up in that behalf subject to the provisions of this constitution.” So, in line with these two sections, as of one minute past midnight, the NECOM is taking charge of this association and the President will be in charge and he is going to further direct and make clear statement.”
On whether ANLCA appealed the ruling of the Federal High court on the status of some members of the Board, he said, “the extant judgement that stipulates that we do not have Board and therefore until registration is made, there is no Board in ANLCA. I am not a lawyer, I am aware that Alhaji Taiwo Mustapha went on appeal in respect of that judgement. However, dated Tuesday, he came up and said he is withdrawing that appeal.
“So, I am not going to dabble into what the court said or not but my understanding is that we have a Board, if they have an internal crisis or any reason why they could not register themselves for six good years, but they did that when it was ten days to go, they have documented that they are the Board. It will be in the anal of history that is why we have their pictures here. Therefore, we have a Board, if they did not perfect any paper in Abuja, we gave them that mandate, the mandate is live and extant with them until the midnight of today (yesterday). It is going to be a joke of the century if a mandate given willingly by over six hundred companies at the Annual General Meeting is being upturned by just five people, it is not possible and it is not going to stand.
“Coming to the issue of appeal, I have answered that partially. The same Taiwo Mustapha went on appeal but on Tuesday, he brought up a court bailiff, that he is no more appealing the judgement, he would rather look for out of court settlement. It is on that authority that they came in here because we know them as our Board members, there is no time they want to have meeting that we shut them out even when they were hotly factionalized.”
Answering question on why the President attended the meeting when he was aware of the agenda of the meeting, the National Secretary retorted, “Yes, I have a letter written by Prince Taiye Oyeniyi, the Secretary of the Board calling for a meeting of the Board yesterday (Thursday) and demanded that the President should be in attendance. No agenda on the letter but they demanded that they would like to have the President in attendance and that was the only reason he came and said let me hear what you said you want to see me for. Then, they formulated their agenda after the President exited their meeting. They came up with election because if they made it clear, it would have been clear to everybody even to the other guys.
“So, by Monday, I want you (journalists) to visit this same venue, all these pictures would have been off. So, any attempt to come in here and grant six years to themselves without the consent of the association or any member and nobody take oath of office in ANLCA unless you are sworn in. If President does not swear you in, you have not taken office. So, all these Shenanigans and all the rest is the joke of the century and they do have opportunity to recontest if they so wish. Prince Taiye Oyeniyi, the Secretary to the Board has run for the second term, he has been in the Board for the first six years and another six years, there is no room for third term. If Taiye granted himself this opportunity, he will be doing the third term of another six years which in violation of ANLCA constitution. Same goes to Chief Henry Njoku, same goes to Peter Obi and the same thing goes for Aare Sani Shittu. However, out of that nine people, about five of them have the right and privilege to go back, go before the members and let them decide if they are fit to sit at the Board or not.
“And if there is an extant court ruling that claims he (Mustapha) is not the Chairman Board or anybody, we are under restraint from even pronouncing him Chairman Board because he has been won. Now, if he wants to come back, the coast is clear after today, take a form, run, get elected first before you can now decide to go for the office of the Chairman.”
On whether or not ANLCA would refund the five members of the Board the money the claimed they spent to regularize their membership, he said, “I wonder why somebody will pay for ANLCA if there is any reason for money to go to any government agency. If they do that, I will like to commend them for doing that but they are entitled for a refund. It is a job done out of their volition because ANLCA is not broke that it cannot pay for itself but I want to thank them, they are entitled to refund. And that ANLCA has not been paying her annual returns; I wouldn’t want to join issues with that. As the National Secretary, I am not aware of that. I know we do what we need to do and we have been up and doing. But if it is a fact and they have bridged the gap, I want to thank them; they are entitled to pick a refund.”
Mukaila however informed that the former Chairman of the Board, Chief Henry Njoku had written an appreciation letter to the National President thanking him on behalf of the Board for the opportunity given them by the association to contribute their quota as members of the BOT adding that they would be willing to further serve the association in any capacity that their services was required, a letter he said the President had received with joy and thanked members of the Board on behalf of ANLCA for their immense contribution to the growth of the association.
On the ongoing reconciliation move in the association, he disclosed that “a lot of progress has been made and that is why I just have to make clarification about tenure expiration, I don’t want to dabble into what the committee will come up with. I know that on Monday, coincidentally, the committee will be reconvening so that they submit their report. Throughout last week, the committee was at Port-Harcourt meeting some aggrieved members. So, that is ongoing and I believe by this coming week, the committee is going to submit its report and that report will be a working document to arrive at this much desired unification.”
Photo: ANLCA National Secretary, Alhaji Abdulazeez Babatunde Mukaila.
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