17th July, 2013
Nnamdi Felix / Abuja
The end of the ongoing legal tackles over the leadership crisis rocking the Nigerian Governors’ Forum, NGF, appears to be in sight following an application filed by Lagos state governor, Babatunde Fashola, seeking to discontinue the matter.
Governor Fashola, through his legal team, filed a notice of discontinuance in the suit he instituted at an Abuja High Court, wherein he sought to restrain Governor Jonah Jang of Plateau state from parading himself as the chairman of the Nigeria Governors’ Forum.
At the resumption of proceedings in the matter Wednesday, Governor Fashola’s lawyer, Mr Femi Falana, a senior advocate of Nigeria, informed the court that a notice of discontinuance dated 16th of July but filed on the 17th has been served on the defendants.
However, Mr. Tayo Oyetibo, also a senior advocate of Nigeria, representing one of the defendants in the matter, Mr Osaro Onaiwu, the factional Sole Administrator of the NGF under Jang, told the court that it is good to hear about the notice for the withdrawal of the suit, but said that he has not received the notice.
He contended that if the Lagos state governor who filed the suit intends to discontinue with it, that two issues are involved, having regards to the stage which proceedings have reached in the case and considering the fact that issues have been joined in the matter.
“What is the nature of order the court will make under this situation as the motion to withdraw the suit did not come under any provision or rule of this court” he queries.
Oyetibo argued that withdrawal and discontinuance of a suit is regulated by Order 27 of rules of the High Court, with particular reference to Order 27 rules 2 (1) and 6 and that there is no way the notice of discontinuance would stand as Governor Jonah Jang, the 1st defendant in the suit, had served his statement of defence on 21st June 2013 and thereafter contended that the suit cannot be withdrawn without leave of the court.
He told the court that on 6 June 2013 that the plaintiff, Governor Fashola, filed an interlocutory injunction to restrain the Jang from parading himself as chairman of the NGF.
“On 1st July, when they smelt rat that we have attacked the validity of their locus standi to institute the suit, they filed an amended statement of claim. Two motions are pending in this proceeding and coupled with the fact that we have filed our statement of defence; the plaintiff requires leave of court to discontinue” he protested.
He further argued that the proper order for the court to make in this instance, is to dismiss the suit because in the light of all materials placed before this court, so far, the plaintiff has realized the weakness of his claims against the defendants particularly the 1st defendant on records.
Professor Osinbajo, also a senior advocate in the team of Governor Fashola’s lawyers informed the court that he had filed an application for discontinuance dated 16th July but filed on the 17th at a time Oyetibo was addressing the court.
On his part, Mr. Paul Erokoro, senior advocate of Nigeria, expressed dismay over the course which the matter is taking and stated that he finds it extremely strange and regarded the application for discontinuance as an abuse of court process.
“I have been served with two processes seeking to withdraw one suit; it will seem that one is based on claim of right while the other is seeking leave of court. These are contradictory processes but I will wait until the plaintiff tells us what he wishes to do”.
In a short ruling, Justice Etter Affen concurred with the submission of Oyetibo that in accordance with Order 27 rules 2 and 6, the plaintiff is not permitted to withdraw the suit without seeking leave of court and thereafter adjourned to 9th September, for hearing of the motion for discontinuance.