NGF Crisis: Fashola Seeks Withdrawal Of Suit Against Jang

The governor of Lagos, Mr. Babatunde Fashola (SAN) has filed a notice of discontinuance in the suit he instituted against his Plateau State counterpart Governor David Jonah Jang asking an Abuja High Court to stop Jang from parading himself as chairman of the Nigeria Governors’ Forum (NGF).

 Governor Fashola announced his intention yesterday at a resumed hearing of the suit, when his counsel, Mr. Femi Falana (SAN), told the court that a notice of discontinuance filed on July 17, 2013, has been filed and served on all the defendants.

 In a motion on notice,  he is  seeking leave of the court to withdraw the suit in order to enable him strategise and put his house in order.

 Meanwhile, Governor Jang and two other defendants in the suit have vehemently indicated intention to oppose the application of discontinuance.

 Jang’s lawyer Mr. Tayo Oyetibo (SAN), told the court that it was too late in the day for Fashola to bring such a motion on the grounds that parties in the suit had already exchanged necessary processes.

Oyetibo argued that the plaintiff had not given any cogent and verifiable reasons to withdraw at a point the parties were fully ready to go ahead with hearing in the case.

 Similarly, the third defendant’s lawyer, Mr. Paul Erokoro (SAN) corroborated the position of Oyetibo, insisting that Fasola cannot just apply to withdraw the case since both parties in the suit had formulated issues for determination by the court.

Mr. 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He specifically argued that the case could not just be withdrawn because the defendants had filed their statements of defence counter-affidavits and served them on the plaintiff following the issuance of originating summons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 to move his motion for withdrawal first before canvassing their opposition.

The motion was then adjourned till September 9 for hearing.

 Earlier, in his ruling on who should hold the brief of the trustees of the forum, Justice Peter Affen held that the authentic counsel to the 4th defendant was Mr. Friday N. Nwosu and not Chief Awa Kalu (SAN).

Justice Affen held that five deponents (members of the Board of Trustees of the NGF), in accordance to the directive of the court at the last adjournment, indicated that Nwosu was the person duly briefed to handle the matter on their behalf.