Factional chairman of Nigeria Governors’ Forum and Governor of Plateau State, Mr. Jonah Jang, has asked an Abuja High Court to strike out the suit filed against him by Governor Babatunde Fashola of Lagos State for being frivolous.
In a preliminary objection he filed before the court, Jang maintained that the Lagos State governor does not have the right to seek for an order that will restrain him from parading himself as chairman of NGF.
He further challenged the jurisdiction of the court to hear and adjudicate on the matter, contending that “any dispute within NGF cannot be taken to an Abuja High Court by virtue of Part C of the Companies and Allied Matters Act, CAMA, which prescribes that disputes should be resolved at the Federal High Court instead.”
Consequently, Jang, through his lawyer Mr. Tayo Oyetibo (SAN), prayed the court to terminate Fashola’s suit at the interlocutory stage for want of jurisdiction and for the fact that the plaintiff lacked the locus to institute the action.
Describing the dispute bedeviling NGF as “non-justiceable as it relates to a mere dispute as to political dignity,” the Plateau State governor argued that the fact that his Lagos State counterpart never contested the NGF chairmanship election, stripped him of the legal right to institute or sustain the action.
He argued that Governor Rotimi Amaechi of Rivers State, whom Fashola claimed won the election, did not complain to the court that his mandate had been usurped or was named or joined as a party in the suit.
Jang further maintained that going by the way the suit was couched— “between the Governor, Lagos State and the Governor, Plateau State”— the plaintiff suggested a dispute between Lagos and Plateau states’ governments, which automatically strips every court of jurisdiction, save the Supreme Court, which is bequeathed with the exclusive jurisdiction to determine or resolve disputes between governments of states or state governments and Federal Government.
He said: “Traditionally, NGF does not hold elections to produce a chairman. It is the practice that the chairman of the Forum is appointed by consensus of the members.
“Where a consensus cannot be reached, the candidate supported by a simple majority would become the chairman.
“In pursuance of the fact above, Governor 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 NGF.
“Despite the fact above, Governor Amaech still insisted that there must be an election and that he must preside at the meeting.
“At this stage, Governor Amaechi produced ballot papers which were unilaterally printed without prior authority of other members of 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 1st defendant as the new chairman of the Forum, Governor Amaechi and the 2nd Defendant still went ahead to announce to the public that Governor 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 1st defendant, stormed out of the venue of the purported election to demonstrate their disapproval of the political charade.”
It will be recalled that Fashola had asked the high court to stop Governor Jang from parading himself as the leader of the NGF and also issue an order of injunction restraining him from using the name “Nigeria Governor’s Forum” in respect of any other organisation that does not have the 36 governors as members and/or in any other manner inconsistent with the Constitution of the forum.
He equally urged the court to restrain one Mr. Osaro Onaiwu (3rd defendants) from parading himself as the Sole Administrator of the Nigeria Governors’ Forum in any manner whatsoever and howsoever.
In a 19-paragraphed affidavit that was personally deposed to by Fashola, he told the high court that all the Governors had met on May 25 and participated in a voting process that saw the re-election of Governor Amaechi as the Chairman of the NGF.
According to him, “the 36 elected governors in Nigeria are members of the Nigeria Governors’ Forum and have the right to participate and vote in its meetings.
“The election into the post of the Chairman of the Nigeria Governors’ Forum took place at the Rivers State Lodge, Asokoro, Abuja on Friday, May 25, 2013.
“The governors of Abia, Adamawa, Anambra, Akwa Ibom, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nassarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara states took part in the said election.
“The four candidates, who submitted nomination forms for the election, were the governors of Bauchi, Katsina, Plateau and Rivers states.
“Before the said election the governors of Bauchi and Katsina states withdrew from the election leaving the contest for the governors of Plateau and Rivers states.
“The 35 governors voted for the candidates of their choice.
“At the end of the voting the Governor Rotimi Amaechi of Rivers State scored 19 votes, while his rival, the governor of Plateau State, David Jang, scored 16 votes.
“Consequently, Governor Amaechi of Rivers State was declared the winner of the election.
“Although the 1st defendant lost the election, he has been parading himself as the Chairman of the Nigeria Governors’ Forum.
“The 1st defendant has purportedly appointed a Sole Administrator to take over the duties of the Director-General of the Nigeria Governors’ Forum contrary to the provision of the Constitution of the Forum, which made no provision for Sole Administrator.
“The 1st defendant has purportedly relocated the Secretariat of the Nigeria Governors’ Forum from 1, Deng Xiaoping Street, Off AIT Junction, Asokoro Extension, Abuja to 2, Nana Close, by Ene Crescent, Off Nile Street, Maitama, Abuja.
“The 2nd defendant, Asishana Bayo Okauru, is under pressure from the 1st defendant to handover the assets and documents of the Nigeria Governors’ Forum to him and his Sole Administrator.
“The Nigeria Governors’ Forum is a registered organisation of all the elected governors in Nigeria.
“The Nigeria Governors’ Forum has a registered Constitution, which will be relied upon at the trial of this suit.
“The Nigeria Governors’ Forum has a secretariat lying and being at 1, Deng Xiaoping Street, Off AIT Junction, Asokoro Extension, Abuja. That I make this declaration in good faith.
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