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defence could not be withdrawn without the permission of the court.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.
Click to signup for FREE news updates, latest information and hottest gists everydayAdvertise on NigerianEye.com to reach thousands of our daily users
This jang sef wot has he done in Plateau State?
ReplyDeleteJang pls focus on your volatile state. Pls.
ReplyDelete