A legal practitioner and the Director General of the Ekiti State Tourism Bureau, Mr. Wale Ojo-Lanre, has described the purported suspension of democractically elected president of the Association of Tourism Practitioners of Nigeria (ATPN) Prince Femi Fadina as illegal and an exercise in futility.

Sharing his thoughts on the issue, Ojo-Lanre wrote: “The purported suspension of a democratically elected President of an Association by the Board of Trustees (BOT) is unconstitutional, ultra vires, illegal, and utterly null and void.”

Ojo-Lanre said Nigeria is a country governed by law, not by whims, and that associations, especially in the tourism sector should not be allowed to descend into anarchy or be run on personal impulses.

“The BOT, by law and by convention, is vested with custodial responsibility over the assets and properties of the association. Its powers are limited to holding property in trust, ensuring continuity of the Association’s legal personality, and serving as a fiduciary backbone. Nowhere in the Constitution of most associations, nor in the relevant provisions of the Companies and Allied Matters Act (CAMA), is the BOT conferred with the authority to interfere in the day-to-day administration of the Association, much less to suspend an elected executive officer.

“The BOT stands in a fiduciary relationship with the Association; it is not a parallel executive organ. To assume such power is a gross abuse of process, a violation of democratic norms, and a travesty of justice.

“If indeed the President—or in this case, Mr. Fadina—has erred, there exists a clear, lawful, and legitimate procedure for discipline. Such action must be initiated by the appropriate executive or disciplinary body, and where necessary, ratified by the Annual General Meeting (AGM), which remains the supreme authority of the Association. Any deviation from this procedure amounts to illegality, nullity, and executive recklessness,” he said.

He concluded by saying: “This purported act of the BOT is therefore: an abuse of process, and a slap on the rule of law, and an attempted usurpation of powers that do not belong to it.”

He advised: “The BOT must immediately retrace its steps, respect its statutory limits, and allow due process to prevail.”