The Architects Registration Council of Nigeria (ARCON) has initiated a process aimed to challenge and vacate a court order forbidding it from conducting any qualifying examinations for Nigerian architects, pending the determination of the suit.
The council which regulates the practice of Architecture profession in Nigeria considers the court order as averse to justice and a clog in the wheel of progress of architecture practice in Nigeria.
Justice Muawiyah Baba Idris of a High Court at the Federal Capital Territory, Abuja Judicial Division, gave the order recently in a suit initiated by 13 persons who sued ARCON, the Nigerian Institute of Architects (NIA), Dipo Ajayi, the ARCON president, and Njoku Adibe, president of NIA.
The plaintiffs who are all architects include Ibrahim Kabir, Ayodeji Kolawole, Andy Imafidon, Dike Emmanuel, Opiribo West, Abimbola Ajayi and Emmanuel Ekeruche.
Others are Nicholas Musa, who sued for himself and other interested registered architects; Ademakinwa Olajumoke, Babjide Awonubi, Siyanbola Kukola and Emmanuel Adewunmi, who also sued for himself and other aggrieved person that sat and passed the qualifying examinations conducted by the Nigeria Institute of Architects (NIA).
Following a motion ex parte by the plaintiffs which was filed on May 30, 2019 and moved to July 30, 2019, Justice Idris, a vacation Judge, after hearing plaintiffs’ counsel, ordered:
“An order of interlocutory injunction restraining ARCON from conducting and/or purporting to conduct any qualifying professional examinations by whatever name or form for the registration of architects in Nigeria whether by themselves, agents, servants, and/or privies, whatsoever and howsoever from purportedly conducting such examination pending the hearing and determination of the originating summons.”
The matter was then adjourned to August 8, 2019. But for some reasons, it was learnt that the matter could not go on as planned, leading to the fixing of a new date on Thursday, August 22, 2019.
ARCON has, in its reaction, filed a preliminary objection challenging the order. Specifically, according to the registration council, two requests have been placed before the court. One is an order of the court dismissing or striking out the whole matter for want of justice and, secondly, an order discharging and/or setting aside the court’s interlocutory order dated July 30, 2019.
The council, which is also a federal government’s agency, is also asking the court for such more orders it may deem fit to make in the circumstances.
Justifying its reasons for the objection, ARCON said the court lacks the requisite jurisdiction to adjudicate on the matter ab initio since the Federal High Court has the exclusive jurisdiction. It added that the plaintiffs/respondents lack the locus standi to institute the action.
“Both the third and fourth defendants – Ajayi and Adibe were not personally served with the originating process in accordance with the rules of the court,” the council noted, adding that the matter was fixed for hearing during the annual vacation of the court without the consent of the defendants in accordance with the rules of the court.
The council noted further that the order by the court on July 30, 2019 based on the claimants’ ex parte application moved the same date was a breach of the defendants’ constitutional right to fair hearing.
The preliminary objection was supported by a 10-paragraph affidavit, stating why the Abuja High Court must hands off the matter. According to the applicants, the first defendant is an agency of the Federal Government and only a Federal High Court is conferred with the exclusive jurisdiction to entertain any legal claim against it.
CHUKA UROKO
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