guess we'v not heard the last of this faceoff and there is no indication that it would end soon. A mild drama played out in court yestaday in this regard and this how SUN NEWS ONLINE, reports it:
For the second consecutive time, proceedings in the suit filed by Lagos State Governor, Chief Babatunde Fashola over the leadership crisis in the Nigerian Governors’ Forum (NGF) was abruptly adjourned yesterday following disagreement between lawyers over legal representation.
While the earlier disagreement involving Chief Tayo Oyetibo (SAN) and Paul Erokoro (SAN) over the representation of Governor Jonah Jang of Plateau State had been resolved, Prof. Awa Kalu (SAN) and F. N. Nwosu yesterday locked horns over who among them was the official counsel for Asishana Bayo Okauru (the forum’s director general) and the trustees of the forum.
The presiding judge, Justice Peter Affen who was shocked by the trend had to order members of the registered trustees of the NGF to depose to an affidavit indicating the lawyer of their choice so that the court could proceed with the case.
The argument between the lawyers dragged on for over 40 minutes and was later reduced into legal submissions with both lawyers claiming to have the authority of the 4th respondents to appear for them. Kalu for instance, informed the court that attempts to resolve the issue with his colleague (Nwosu) failed. “I invited my learned friend for a meeting in my chambers.
Unfortunately, very unfortunately, our meeting was not productive leading to the situation we now have. It is now left for the court to resolve the matter.” Justifying his appearance for the 4th respondents, Kalu told the court that he filed his memorandum of appearance on behalf of the 4th respondents on June 12, saying “until I withdraw my representation for the 4th respondents, I cannot be blown aside by an evil wind.”
He referred the court to the case of FRN Vs Abiola to establish a legal principle that when a counsel first announced his appearance for a party, he would continue to represent him until a proper change of counsel was effected. Kalu further referred the court to Order 12 Rules (1) (3) of the Federal Capital Territory (FCT) High Court to point out the fact that “if the court rules that the first memorandum of appearance is valid, then, there can be no other memorandum of appearance before the court for the same party.”
On his part, Nwosu insisted that he was in court on the instructions of the registered trustees of the NGF and urged the court to accept his appearance as proper. According to him, “appearing first without a proper instruction from a party represented does not accord any priority against the party been instructed. I was instructed based on the majority of members of the 4th respondents.
“Before this court is an affidavit showing how we were instructed. The affidavit is deposed to by the 3rd respondent with the consent of the 4th respondent and its content has not been challenged,” he said.
After listening to the submissions of the contending counsel, Justice Affen said his court lacked the powers to choose a counsel for the 4th respondents, saying it was within their constitutional right to choose a counsel of their choice. In the suit before an Abuja High Court, Fashola was seeking among others, an order restraining Jang from parading himself as chairman of the NGF on the grounds that Amaechi won the election.
The Lagos State governor also wanted an order restraining Osaro Onaiwu from acting as the forum’s sole administrator. Named as defendants include Jang, Asishana Bayo Okauru (forum’s director general), Onaiwu and the forum’s registered trustees. Jang and Onaiwu had filed preliminary objection and statement of defence to the suit.
They wanted the court to dismiss the suit on the grounds that the court lacked jurisdiction to hear it, the suit was frivolous and that the plaintiff lacked the necessary right to sue.
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