Thursday, July 4, 2013

Again, Disagreement Over Legal Representation Stalls Hearing of NGF Case

For the second time, the case filed by the Governor of Lagos State, Mr. Babatunde Fashola (SAN), seeking to stop Governor David Jonah Jang of Plateau State from parading himself as the chairman of the Nigerian Governors' Forum (NGF) was Wednesday stalled at an Abuja High Court over legal representations by two lawyers.
Entangled in the legal tango are Chief Awa Kalu (SAN) who filed a memorandum of appearance for the registered trustees of the NGF and Mr. Friday Nwosu who also filed his appearance for the same body.
An indication that the case would be stalled started when the Kalu and Nwosu made claims and counter-claims to be the lawyer to the trustees and stuck to their guns in their claims of being the authentic counsel to represent the NGF trustees in the legal battle.
Kalu, who first addressed the court presided over by Justice Peter Affen, asked the court to recognise him on the grounds that he filed his own memorandum of appearance long before the sudden appearance of another lawyer.
He informed the court that the sudden appearance of Nwosu was a deliberate ploy to stall the expeditious hearing of the case.
But Nwosu in his own response, told Justice Affen that he was the only lawyer briefed by the registered trustees of the NGF to represent them in the suit and should be recognised in that capacity.
All efforts by the court and other lawyers to resolve the confusion proved abortive as both lawyers maintained their positions.
However, in a brief ruling on the claim and counter-claim, Justice Affen agreed that Awa Kalu (SAN) filed his memorandum of appearance 10 clear days before Nwosu came on board with his own.
The judge however said the issue of legal representation in a case was more than first come first serve and ordered that members of the board of trustees to individually swear to affidavit to nominate their lawyer to represent them in the case.
He said the affidavit must be submitted to the court and would be counted in the open court to determine the lawyer that will represent the body.
Justice Affen, who was not happy with the scenario, threatened to go ahead with the case if by July 17 the issue of legal representation for the NGF board of trustees was not resolved.
The judge said he agreed to adjourn the case again in order to give the registered trustees fair hearing by not shutting the body out in the determination of the case.
The case has been adjourned till July 17 to determine the priority of all the motions filed by parties in the suit.
Fasola had sued his Plateau State counterpart challenging his claim to be the chairman of the governors forum.
He asked the court among others for an order prohibiting Jang from parading himself as the NGF Chairman having lost in an election to pick chairman for the forum.

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