Against the backdrop of the recent
ruling delivered by the Hon. Justice
C.M.A. Olatoregun-Ishola of the Federal
High Court Lagos Division on April 14,
in suit Number FHC/L/CS/919/2012
which attempted to set aside the
Consent Judgment establishing the
current National Executive Caretaker
Committee of the Performing Musicians
Employers’ Association of Nigeria,
PMAN, headed by Mr. Pretty Okafor, the
embattled president of the association
says he still remains the substantive
president.
According to the notice of appeal
and the motion on notice filed at the
Court Of Appeal on behalf of PMAN
by Ogbeide Kingsley Ukumhen Esq., it
states among other things that:
“The trial judge erred in law by
setting aside a consent judgment
that was entered by the court based
on terms of settlement that was
neither an issue before the court nor
contested by any parties to the suit.
“That from records of court below, it is
obvious, apparent and undisputed that
parties to the suit entered executed
and filed several terms of settlement
based on which the court only gave
its seal upon. Further to the above, the
law is trite that the terms of settlement
properly executed and duly filed by
parties to a suit don’t become consent
judgment of court unless and until
pronouncement is made to that effect
by the court binding parties thereto
accordingly.”
It stated further: “For the avoidance
of doubt, it must be noted that Hon
Justice O.E Abang of the Federal High
Court, Lagos Division on October
31, 2014 pronounced the terms of
settlement dated and filed on the
October 13, 2014, a consent Judgment
in the aforementioned suit.
“But the ruling of April 14, 2016,
subject of this appeal showed that Hon.
Justice C.M.A. Olatoregun –Ishola while
relying only on the relief sought by the
respondents in their motion on notice
dated November 17, 2014 but filed on
November 18. 2014 seeking to set aside a
consent judgment delivered on October
31, 2014 which said judgment was not
predicated on the terms of settlement
dated April 23, 2014 as contained in the
said ruling of April 14, 2016.
“Hon. Justice C.M.A. Olatoregun –
Ishola should be told in unmistaken
terms that from available records of
court, that there is no consent judgment
delivered on October 31, 2014 based
on a terms of settlement dated April 23,
2016 as erroneously contained in her
Jankara-market-like-ruling of April 14,
2016.
(5) It is apparent that the ruling in itself
is a nullity from an exercise in futility.
(6) Consequently, the said consent
judgment delivered by the Hon. Justice
O.E Abang on October 31, 2014 is still
valid, subsisting and binding on all the
parties accordingly.”


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