Ogamba Says He Remains President of Shippers Association 

BY GBOGBOWA GBOWA

President of the Shippers Association of Lagos State (SAL), Barr. Leo Ogamba Esq has declared that no one has removed him from office, describing a press statement credited to Rev. Nicodemus.O. Odolo, Chairman Board of Trustees (BoT) as an imagination taken too far; even as he referred to an ongoing internal dispute resolution mechanism that has placed ban on any form of meeting pending the outcome of the dispute resolution.

Ogamba described his purported removal as the antics of Odolo and few others who he said are eyeing N13billion judgment money in the Cargo Defence Fund (CDF), in the erroneous belief that the money belongs to them.

He named his predecessor, Jonathan Nicole, Barr. Nwagbara, Otunba Jamiu Sule O. Onosipe as the other two angling to have access to the fund, which according to him is the reason they want him out; noting however that their plot will remain a nullity, since the BoT has no authority to discuss executive actions.

This is even as Ogamba described the Odolo three-member led faction of the BoT as essentially illegitimate and questionable in composition, comportment and ideology.

Addressing the press Tuesday in Lagos, Ogamba explained that the N13billion is part of a N3trillion paid to Cargo Defense Funds as judgment sum by shipping companies and terminal operators, being a refund of Shipping Line Agency Commission (SLAC) and progressive charges.

He further explained that the money in question is out of court settlement between the APM Terminals and NSC as well as the leadership of shippers association; noting that the money is not to be shared by the BoT.

While declaring he remains the President of SAL, he acknowledged that there is an ongoing disagreement between himself and the Odolo led faction of the BoT, and averred that in view of the ongoing mediation by the Nigerian Shippers Council (NSC), and with already fixed for June 13, 2024, the Odolo meeting of 11th June, 2024 was therefore inappropriate in improper and illegal.

He said, “I was not in the meeting. Till today I have not received any letter to the purported removal either through e- mail or Whatsapp. I agree that there is a disagreement between the President and every other member who is not ready to comply with the constitution of the association. Evidence on record discloses that BoT came to the office through the backdoor to the extent that they changed the name of the association from Lagos State Shippers Association (LASA) to Shippers Association Lagos State (SALS).”

Giving an insight into the association’s present crisis he alluded to inconsistencies in the board membership as a major challenge that is paving way for inappropriate dispositions and narrow considerations.

“Originally, there were eight of trustees, that started the Lagos State Shippers Association (LASA) in 2001. The first eight trustees were: Chief Mrs Ruth Mbakwe, Chief Leo Ezeani Ogamba, Pastor Nicodemus Olorunsola, Chief Kris Chijioke Keme, Alhaji Mikky Okunola, Chief Martin Ajuwan Orubor, Alhaji Inaolaji Nofiu, Layi Babatunde Esq). I was the pioneer General Secretary. And the then Managing Director of Nigerian Shippers Council, Adebayo Sarumi inaugurated LASA.

“Later, we approached the CAC for registration but CAC referred us to  Lagos State government to get a clearance to use the name Lagos State as part of our name. I personally applied and went to Lagos State Ministry of Justice and got the approval. I made a photocopy of the approval and put it on the file and returned it to CAC in 2002.  But we ran out of money and our tenure expired and we then handed over to a new executive and I left for further studies.

“When I came back I saw a new name- Shippers Association Lagos State(SAL) with new trustees not registered. I didn’t know what happened not until Rev. Nicol went to court after he was removed as the President in 2022. He joined me in the suit against NSC. I discovered that it is not Otunba Jamiu Sule O. Onosipe who claims to be the BoT chairman that is on paper; It is one Femi Taiwo.

“I  confronted Otunba Jamiu that on record he is not the BoT Chairman. And further noted that it was important we reconstitute the board, especially as six of the board members were no longer coming and the constitution provides that when there is any vacancy in the Board it should be replaced immediately. He however said no, that there was no need for change or filling the vacancies. But I told him I will only recognize the names with the CAC until the changes are made.”

He continued: “Femi Taiwo in November,2023 confessed that they formed a new association and because they were few and needed to meet the exigency at hand, he made himself the BoT chairman under SAL without election or appointment from the house and one other person signed as the Secretary”, adding:

“So he was neither appointed nor elected as BoT chairman”.

According to him, “I screenshot his confession and kept for records.  Subsequently, I went to the CAC file and discovered that there was no single newspaper publication on the appointment of the new trustees. Now only three members of the BoT are active. Others have left the association.”

Ogamba further argued that the illegality of the meeting upon which his purported removal was anchored becomes more questionable since it was desperately held.

“The three of them do not form quorum of seven.  Consequently, the BoT cannot even meet for their own meeting because the constitution provides that if quorum was not formed the meeting cannot hold so these are the areas of conflict between the president and trustees while the president is insisting that the right thing be done the trustees said no.

“And this three were part of the amendment of the new constitution which was used to conduct election. But when it was time to reconstitute them, they said No, that we have to get approval from the CAC Registrar General as their positions are sacrosanct.”

Speaking further, he said, “I reminded them that I had warned them while they were amending the Constitution. The Corporate and Allied Matters Act, CAMA 2020 had amended that particular clause that seeks to have an approval from CAC in event of any amendment on BoT or the constitution. The new law has an overriding effect on the obsolete law. I reminded them that the outlawed clause is not a feature of the constitution of the association but a clause in the CAMA 1990 which has been amended and therefore obsolete.  However, they claimed they are untouchable until the CAC gives approval.

“Part of the problem in SAL is that many of them are not Shippers and they are resisting reforms in the system.  Okay, imagine! My predecessor, Rev. Nicol and four others including my vice president withdrew N12million from the account of the association without traces of what it was used for. No receipt or record of any project.

“When this matter of withdrawal came up during one of the executive council meetings, I was mandated to get an external Auditor. I did. The Auditor came up with nineteen audit queries against Nicole’s regime.  Statutorily, the BoT is saddled with the responsibility of recovering our property in line with the constitution but they swept the audit queries and the N12m under the carpet. Now, the problem they have is me, Leo Ogamba,who has not touched their money but has spent so much to keep the place afloat.

“In trying to make peace, we agreed on out of court settlement with Rev. Nicole so that he can account for the N12m.  They have also swept this under the carpet. The same trustees that asked me to employ an Auditor turned around to query me, asking me who gave me the authority to employ an Auditor that came up with nineteen queries.  You can see that there is a problem with the BoT. The minutes of all these meetings are there. There is no decision I have taken that was not first discussed and decided upon in a meeting in line with the constitution.”

Further giving insight into reasons Nicol, Odolo and gang wants him out, he  said, “On June 30th 2023, during the signing of terms of agreement on out of court settlement between   APM Terminals Limited and Nigerian Shippers Council and  registered trustees of shippers association, Barr Emmanuel Nwagbara came to sign the agreement with Jonathan Nicole, (president emeritus), but Nigerian Shippers Council insisted that it is the current president, my humble self that will sign.

“From that day till today, the BoT and Barr Nwagbara and Nicole & C0., have been aggrieved.” MMS Plus gathered that Nwagbara is the legal consultant to SAL.”

Emphasizing the capacity of the ongoing internal dispute resolution to amicably resolve whatever differences there are, he notes that there was not to be meeting any at all level in the interval.

“Law abiding members have been faithful to this agreement but BoT have violated this agreement about three times, one of them is the meeting of June 11th 2024 during which it was purported that BoT removed the President. The mediation meeting which was called by Nigerian Shippers Council on 13th June 2024 as agreed, BOT and their supporters didn’t come.

“The mediation is still ongoing. I challenge Rev. Odolo who addressed press on the purported removal of the President to publish the offenses committed by the President. I state categorically that the publication of the alleged removal should be disregarded on the ground that it is unconstitutional and that the president is still recognized by government.”

It will be recalled that Rev Odolo had claimed in a media interview that the SALs’ executive council met and impeached Ogamba whose two years tenure will end next month July, 2024.