A Lagos High Court has dismissed the suit filed against the Nigerian Institution of Estate Surveyors and Valuers (NIESV) and Mr. Johnbull Amayaevbo by Olusola Enitan, who was expelled from the institution for alleged professional misconduct.
Justice O.H Oshodi dismissed the suit in a 13-page judgement.
Enitan had sued the institution and joined its chairman of Profession Practice Committee, Mr. Johnbull Amayaevbo, for what he termed denial of his fundamental human rights to a fair hearing before his unlawful expulsion.
The case was filed on February 4, 2020 was determined by Justice O.H. Oshodi who delivered judgement on February 9 2021.
Justice Oshodi, after listening to both the respondents and the claimant through their lawyers, said the claimant failed to explore the window of opportunity given to him by the professional body to be heard on the matter of his expulsion.
Justice Oshodi based his judgement on the “route” traversed by the respondents to arrive at the expulsion of the petitioner saying, “What the applicant is challenging is the route traversed by the respondents to reach the destination being the expulsion. That is the crux of the matter the applicant brought to the court for determination.”
He also declared there were no sufficient grounds to prove that Olusola Enitan was not given fair hearing while noting he failed to show up before the Professional Practice Committee of the Institution chaired by Amayaevbo at a stipulated date but instead was requesting for an “independent unbiased regulator” to attend to his matter.
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While quoting from a judgement in a 2014 case, the judge declared that members of associations are subject to the rules of their associations since joining such association is voluntary. He observed that a request for an independent unbiased regulator is not supported in the constitution of the Institution
Oshodi ruled the proceedings leading to the expulsion of the applicant from the NIESV was not conducted in contravention of the constitution of the first respondent and did not breach any fundamental human rights of the applicants to warrant the grant of the prayers sought. In sum total, the respondents did not deny the applicant fair hearing.”
He then dismissed the suit based on the conclusion the applicant was not denied a fair hearing.
