Lagos
State Governor, Babatunde Fashola (SAN), Wednesday applied to withdraw the case
he filed before an Abuja High Court, seeking to stop Plateau State Governor,
Jonah Jang, from parading himself as the Chairman of the Nigeria Governors’
Forum (NGF).
Wednesday,
his lawyer, Professor Yemi Osibajo (SAN), filed an application seeking the
court's leave to withdraw the suit.
In a
motion on notice for withdrawal filed on Tuesday the Fashola sought leave of
the court to withdraw the suit in order to enable him strategise and put his
house in order.
Though
the motion had not been moved, it was however vehemently opposed by Governor
Jang and two other defendants in the suit.
Jang’s
lawyer. Mr. Tayo Oyetibo (SAN), told the court that it was too late in
the day for the governor to bring such a motion because parties had already
joined issues by filing and exchanging necessary processes.
Oyetibo
submitted that the plaintiff had not given any cogent and verifiable reason for
his dramatic u-turn to withdraw at a point the parties were fully ready to go
ahead with hearing the case.
Chief
Paul Erokoro (SAN), standing for the third defendant in the suit, supported
Oyetibo's position, as he said Fashola could not just apply to withdraw the
case since both parties in the suit had formulated issues for determination by
the court.
Erokoro
urged the trial judge, Justice Peter Affen, to dismiss the entire suit in order
not to waste the precious time of the court.
He
argued that the case could not just be withdrawn because the defendants had
filed their statements of defence and counter affidavits and served them on the
plaintiff, following the issuance of originating summons on them.
Erokoro
insisted that the entire suit should be dismissed along with the motion for
withdrawal.
Justice
Affen, however, asked the defendants to allow the plaintiff move his motion for
withdrawal first after which they could argue against it.
The
motion was then adjourned till September 9 for hearing.
Fashola
had dragged his Plateau State counterpart before the court challenging his
claim to the chairmanship of the NGF.
His
grouse was that Jang stood for an election along with his counterpart from
Rivers State, Mr. Chibuike Rotimi Amaechi, and lost with 16 votes to Amaechi’s
19.
He,
therefore, asked the court to bar and prohibit Jang from parading himself
as the NGF chairman.
But
Jang in his defence, claimed that his chairmanship of the forum was in
compliance with his endorsement in writing by majority of the governors and
asked Justice Affen to strike out the suit against him.
He said
Fashola was neither a contestant in the election nor a member of the NGF
trustees and challenged his locus standi to institute the action without the
consent of other governors.
Jang
also claimed in his defence that Fashola did not disclose what he stood to lose
and that his case did not disclose any reasonable cause of action and,
therefore, should be dismissed.
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