Factional Nigeria Governors’ Forum Chairman
and Plateau State Governor Jonah Jang on Wednesday opposed moves by his
Lagos State counterpart, Babatunde Fashola, to withdraw a suit seeking
to restrain him (Jang) from acting as the forum’s chairman.
Fashola’s lawyer, Prof. Yemi Osinbajo (SAN), did not disclose reasons
for the sudden decision to discontinue the proceedings, which is before
an Abuja High Court.
However, Jang’s lawyer, Tayo Oyetibo (SAN), who
opposed the plaintiff’s move, instead prayed the court to dismiss the
suit in its entirety.
Oyetibo’s prayer, it was gathered, would stop any further plan to re-file the matter.
Oyetibo’s opposition was based on the provisions of Order 27, Rules 2
and 6 of the High Court, which stipulates that a motion to which
defendants had filed statements of defence could not be withdrawn
without the permission of the court.
Hearing in the case had stalled twice following disputes over the identity of counsel for some of the defendants.
However, the presiding judge, Justice Peter Affen, on Wednesday settled
the dispute by announcing that four NGF Registered Trustees had deposed
to affidavits electing Friday Nwosu, instead of Awa Kalu (SAN), as
their lawyer.
Kalu, the counsel for the second defendant – the NGF
Director-General, Aisashana Okauru – had also announced appearance for
the NGF Registered Trustees, the fourth defendant, a brief, Nwosu is
laying claim to.
But the identities of the four registered trustees,
who deposed to affidavits to choose Nwosu as lawyer of the group, were
not disclosed.
The NGF registered trustees are governors Babangida
Aliyu, (Niger); Isa Yuguda (Bauchi); Martins Elechi (Ebonyi); Godswill
Akpabio (Akwa-Ibom); Emmanuel Uduaghan (Delta) and Fashola.
Having
settled the dispute over the brief of the Registered Trustees, Osinbajo
announced that he had filed a notice seeking to withdraw the suit
against the defendants.
The notice was dated July 16, 2013, but copies of the notice were served on the defendants in the courtroom.
Osinbajo therefore asked the court to strike out the suit.
But Oyetibo immediately opposed the move.
Oyetibo noted that since the plaintiff filed a motion to which the
defendants had already responded, it was no longer possible for him to
withdraw the matter without the permission of the court.
He said,
“An applicant is bound by the prayers contained in his motion – they are
seeking leave to run away. My submission is that the proper order is to
dismiss the suit, not to strike it off as requested by the plaintiff.
“This is because, in light of all the materials placed before this
court so far, the plaintiff has realised the weakness of his claims
against the 1st defendant.”
But Osinbajo disagreed, stressing that the decision to withdraw the suit was not based on any purported weakness.
Justice Affen later adjourned to September 9, 2013 to hear the motion for withdrawal of the suit.
Source: Punch
