An Abuja High Court on Wednesday ordered two lawyers, Awa Kalu,
and Friday Nwosu, to file separate written addresses to enable the court
determine who represents the Governor Jonah Jang-led Nigeria Governors Forum,
NGF.
Justice Peter Affen gave the order after both
counsel failed to reach an agreement over who represents the Forum in the
matter.
PREMIUM TIMES had reported how two different
counsel caused confusion in court at the last sitting on June 24 claiming to
each represent Mr. Jang’s faction in the suit filed by Governor Babatunde
Fashola of Lagos on the NGF crisis
Justice Affen had enjoined the lawyers to act
with caution, noting that the judiciary was in the spotlight again. He had
advised them not to do anything that would erode the credibility, adding: “Let
us not toe the line of the Nigerian Governors Forum.
“We are here to resolve their differences and
not to add to it.”
Mr. Fashola, through his counsel, Yemi
Osinabajo, had filed an application seeking to restrain Mr. Jang from parading
himself as Chairman of the Forum. Others named as defendants are Asishana
Okauru, the Director General of NGF; Osaro Omaiwu, Sole Administrator of Mr.
Jang’s faction of NGF; and the Registered Trustees of Governors’ Forum.
At the resumed hearing of the case, Mr. Kalu
told the court that the move to settle the confusion over who represents the
Jang led NGF had failed.
“My lord, I invited my learned friend, Mr.
Nwosu, and he attended the meeting but unfortunately our meeting did not yield
any results.
“Having failed to resolve it, we urge the
court to use its discretion and settle the dispute,” he said.
Mr. Kalu said that he was the first counsel to
file a memorandum of appearance on behalf of the fourth defendant. He said that
no counsel can announce his appearance without being instructed to do so.
He argued that once a counsel announces
appearance on behalf of a party, the proper way to change the counsel was by
applying order 12 rule (1) and (2) of memorandum of appearance.
“My lord, I filed a memorandum of appearance
for the 4th defendant in June 2013 and if the court holds that the first
memorandum of appearance stands, then no other memorandum of appearance can
stand,” Mr. Kalu said.
He also urged the court to admit his representation
being the first counsel to file memorandum of appearance on behalf of 4th
defendant.
Mr. Nwosu, however, urged the court to
discountenance Mr. Kalu`s claim and to hold that his memorandum of appearance
was premised on the instruction of the 4th defendant.
Justice Affen, however, said that the court
would not be in a position to choose who represents the fourth defendant.
He, therefore, ordered Messrs Kalu and Nwosu
to file their separate written addresses and depose to an affidavit by their
respective clients.
He said that the address must be ready before
the next adjourned date and adjourned the case to July 17 for hearing.
Mr. Jang leads a breakaway faction of the NGF
after losing the chairmanship election to Governor Rotimi Amaechi of Rivers in
May.
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