No end in sight yet to the dispute over the chairmanship of
the Nigeria Governors’ Forum (NGF), as one of the factional chairmen and
governor of Plateau state, Jonah Jang, has asked an Abuja high court to
strike out the suit filed against him by the governor of Lagos State,
Babatunde Fashola, for being frivolous.
Governor
Fashola had in a suit filed by Femi Falana, claimed that the Rivers
State Governor, Chibuike Amaechi, was re-elected as chairman of NGF on
May 24, this year and that Mr Jang’s claim to the NGF chairmanship was
baseless and the court should restrain him from parading himself as the
chairman.
He listed Governor Jang, Director-General of the NGF, Asishana Bayo
Okauru, Osaru Onaiwu and the Registered Trustees, NGF as first to fourth
defendants respectively in the suit.
The NGF has been enmeshed in a leadership crisis since its May 24
election, where Mr Amaechi was re-elected for a second term with 19
votes to Mr Jang’s 16.
However, Governor Jang in a preliminary objection, filed through his
lawyer, Tayo Oyetibo, maintained that the Lagos state governor is not in
a position to seek for an order restraining him from parading himself
as chairman of the NGF, given that Mr Fashola was not a contestant for
the chairmanship position.
Counsel to Governor Jang, prayed the court to terminate the suit for
want of jurisdiction and for the fact that the plaintiff lacked the
locus standi to institute the action.
According to Mr Jang’s lawyer, Governor Amaechi whom Mr Fashola
claimed won the election had not complained to the court that his
mandate had been usurped neither was he joined as a party to the suit.
He also stated that any dispute within NGF cannot be decided by an
Abuja High Court by virtue of Part C of the Companies and Allied Matters
Act (CAMA), which prescribed that disputes should be resolved at the
Federal High Court.
In their statements of defence, the defendants denied the allegations
contained in the statement of claims, though they admitted those in
paragraphs two, five, six and seven of the statement of claims.
Also, a major issue in the statement of claims was the process of the NGF election, which the defendants faulted.
They noted that the NGF was only a platform for peer review among
governors and to collaborate on matters of public policy, provide good
governance, share good practice and enhance cooperation.
Arguing further, Mr Oyetibo contended that the way the suit was
implied; between Messrs Fashola and Jang, who is the plaintiff, had
suggested a dispute between Lagos and Plateau State Governments, which
automatically stripped every court of jurisdiction, save the Supreme
Court, which has exclusive jurisdiction to determine or resolve disputes
between state governments or between state governments and the federal
government.
Mr Oyetibo also argued that traditionally, the NGF did not hold
elections to produce a chairman and that it was the practice that the
chairman of the forum to be appointed by consensus of the members.
He said: “Where a consensus cannot be reached, the candidate supported by a simple majority would become the chairman.
“In pursuance of the above fact, 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, Amaechi still insisted that there must be an
election and that he must preside at the meeting. At this stage,
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 Amaechi 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.
“Despite the fact that 18 of the members present supported the first
defendant as the new chairman of the forum, Amaechi and the second
defendant still went ahead to announce to the public that Amaechi
emerged as the winner of the election.
“As soon as the announcement was made, 18 out of the 35 governors,
who were present and supported the first defendant stormed out of the
venue of the purported election to demonstrate their disapproval of the
political charade.
“A press release was subsequently issued by the second defendant to
the effect that Governor Amaechi had been elected as chairman. A copy of
the publication containing the press release would be relied upon at
the trial.
:Channels TV.
Monday, 24 June 2013
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