Plateau State Governor and factional
chairman of the Nigeria Governors Forum, Jonah Jang has asked an Abuja
High Court to dismiss a suit in which Lagos State Governor Babatunde
Fashola is seeking to restrain him (Jang) from parading himself as
chairman of the Forum.
Fashola, one of the governors in the
camp of the Rivers State Governor Rotimi Amaechi-led faction of the
NGF, had, through his counsel, Prof. Yemi Osinbajio, SAN, and Femi
Falana, SAN, asked the court to declare that Jang was not competent to
be called the elected chairman of the NGF.
The Lagos State governor averred in the
suit that Amaechi was duly returned as the chairman of the Forum in the
elections held on Friday, May 24, 2013.
He, therefore, asked the court to stop
Jang from parading himself “as the elected chairman of the NGF in any
manner whatsoever and howsoever.”
Jang; the Director-General of the NGF,
Asishana Okauru; the Sole Administrator, Osaro Onaiwu; and the
Registered Trustees of the NGF, were all joined as respondents in
Fashola’s suit.
But Jang has responded to the writ of summons filed by the Lagos State governor.
The Plateau State governor, through his
lawyer, Tayo Oyetibo, SAN, who is also representing Onaiwu, filed a
preliminary objection to Fashola’s suit on Friday, June 21, 2013.
In the preliminary objections to the
suit with No CV/3389/13, brought pursuant to section 6 (6) (A) of the
1999 Constitution of the Federal Republic of Nigeria (as amended) and
order 22, rules 2, 3 and 4 of the FCT High Court, Jang urged the court
to strike out Fashola’s suit on the grounds that the Lagos State
governor lacked the locus standi to institute the action.
He said since Fashola did not claim to
have contested the election for the NGF chairman, he lacked a legal
right to institute or sustain the action.
Jang noted that Amaechi, who Fashola
claimed won the disputed election, had neither complained to the court
nor named or joined as party to the suit.
Arguing that the court has no
jurisdiction to entertain the matter, Jang submitted that any dispute
within NGF could not be taken to an Abuja High Court by virtue of Part
C of the Companies and Allied Matters Act, which prescribes that such
disputes should be resolved at the Federal High Court.
He further argued that the suit
suggested a dispute between the governor of Lagos State and the
governor of Plateau State, and as such, no other court has the
jurisdiction to entertain the matter apart from the Supreme Court,
which is bequeathed with the exclusive jurisdiction to determine or
resolve disputes between state governments, or state governments and
the Federal Government.
Jang further asked the court to strike
out the suit on the grounds that the Writ of Summons was not issued in
accordance with procedural due process, adding that the Abuja High
Court lacked the jurisdiction to entertain Fashola’s claims.
Also, he argued that “even if the High
Court of the Federal Capital Territory has jurisdiction to entertain
the Plaintiff’s claims, the Plaintiff lacks locus standi to bring the
suit.”
The NGF factional chairman stressed
that, even if Fashola had the locus standi to institute the action, the
subject matter of the suit was not justiceable “as they relate to a
mere dispute as to political dignity.”
In the statement of defence, Jang insisted that he was the authentic chairman of the NGF.
He alleged that ballot papers used for
the disputed election were unilaterally printed by Amaechi, and
therefore not authorised by the governor members of the NGF.
Jang noted that the Forum had always
produced its chairmen by consensus of members, stressing that he
emerged as chairman through consensus.
The statement of defence reads in part,
“Traditionally, the NGF does not hold elections to produce a chairman.
It is the practice that the chairman of the Forum is appointed by
consensus of the members. Where a consensus cannot be reached, the
candidate supported by a simple majority would become the chairman.
“In pursuance of that fact above,
Governor Amaechi was informed that 19 of the 36 governors of the states
of the Federation have indicated in writing their decision to support
Governor Jonah Jang as Chairman of the NGF.
“Despite the fact above, Governor Amaech still insisted that there must be an election and that he must preside at the meeting.
“At this stage, Governor Amaechi
produced ballot papers which he had unilaterally printed without prior
authority of other members of the NGF and started distributing same for
the purpose of the so called election.
“When Governor Amaech refused to step
down as Chairman of the Forum but insisted on presiding to conduct the
election, 18 out of the 35 members present at the meeting immediately
indicated their unflinching support for Governor Jonah Jang as the new
Chairman of the Forum without prejudice to their objection to the
insistence of Governor Amaechi on presiding over the election process.”
Jang and Onaiwu therefore prayed that Fashola’s suit” be dismissed for being frivolous and unmeritorious.”
Meanwhile, has called for meeting of
the NGF on Wednesday at the Rivers State Lodge, in Abuja, one of our
correspondents learnt on Sunday.
The meeting is the first by Amaechi since the outcome of the NGF election held in Abuja on May 24.
Okauru confirmed the meeting. “Yes, there will be a meeting,” he said.
The Jang faction had met twice in their new secretariat at Maitama District of Abuja.
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What is this Governor's forum really all about? Our Governors should concentrate on how to increase the lot of people within their jurisdiction please.
ReplyDeleteThis Governor's forum is really distracting.
ReplyDeleteShameless governors, when citizens are dying of hunger, youths unemployment, insecurity, absence of drugs in hospitals etc. You are there making unecessary 'Noise' about NGF chairmanship. To hell with all of you.
ReplyDeleteIn a civilized society, any person has the right to seek justice in the court of law. That is normal anywhere in the world.
ReplyDeleteFashola has simply employed his statutory right through the court of law and it is the responsibility of the competent court to hear the matter.
Jonah Jang is a very good example of PDP.
ReplyDeleteNigerian is awaiting PDP to rig election as usual then we see the end.