NGF: Jang, others ask court to quash Fashola’s suit NGF: Jang, others ask court to quash Fashola’s suit
Plateau  State Governor, Jonah Jang and other defendants have  approached the Federal High Court in Abuja, praying the court for a  preliminary objection to the suit filed by... NGF: Jang, others ask court to quash Fashola’s suit
JangPlateau  State Governor, Jonah Jang and other defendants have  approached the Federal High Court in Abuja, praying the court for a  preliminary objection to the suit filed by the Governor of Lagos  State, Babatunde Fashola, over the outcome of the recent Nigeria  Governors’ Forum election.
In  separate motions on notice filed at the court last Friday by counsel to  the first and third defendants, Jonah Jang and Osaro Onaiwu,  respectively as well as on behalf of the fourth defendant, the Registered  Trustees of the Governors’ Forum, they asked the court to set aside the  claims of the plaintiff as lacking in merit.
The  cases were filed by Tayo Oyetibo (SAN) on behalf of the first  and third defendants while F.N Nwosu filed on behalf of  the fourth defendant. Both suits with No.CV/3389/13 also had the  Director-General of the Nigeria Governors’ Forum, Asishana Bayo Okauru,  as defendant and respondent.
Pursuant  to Section 6 (6) (A) of the 1999 Constitution of the Federal Republic of  Nigeria (as amended) and order 22, rules 2, 3 and 4 of the FCT High Court,  both counsels are seeking preliminary objection to the plaintiff’s claims on  the following grounds: that the writ of summons was not issued in accordance  with procedural due process, the High Court of the Federal Capital Territory  lacks jurisdiction to entertain the plaintiff’s claims, even if the High Court  has jurisdiction to entertain the plaintiff’s claims, theplaintiff lacks  locus standi to bring the suit as constituted and that even if the  plaintiff has the locusstandi to bring the suit, the plaintiff’s claims  are not justiciable as they relate to a mere dispute as to political dignity.
In  their statements of defence, both the first and third defendants as well  as the fourth defendant, denied allegations contained in the statement of  claim though admitted those in paragraphs 2, 5, 6 and 7 of the statement of  claim.
Also a  major issue in the statement of claims was the process of the NGF election  which the defendants faulted.
They  noted that the Nigeria Governors’ Forum is only a platform for peer  review among governors of the states of Nigeria and to collaborate on matters  of public policy, provide good governance, sharing good practice and  enhance cooperation.
They  further noted that from its formation, the chairman of the NGF has always  been appointed by consensus of all members of the forum and that Governor Chibuike Rotimi Amaechi became  chairman of the NGF in 2011 by consensus for a term of 2 years, expiring in  May 2013.
The  defendants referred to the meeting of the NGF of 20th May  2013 at the Rivers State Lodge in Abuja where, they claimed, majority of the  governors present demanded for Amaechi, whose tenure had expired, to  step down and allow another member to preside for the purpose of appointing a  new chairman but rebuffed byAmaechi.
In the  light of this, they claimed that 19 of the 36 governors present at the  meeting had indicated in writing their support for Governor Jonah  Jang as chairman of the NGF but that Amaechi insisted there  must be an election and that he must preside at the meeting.
Governor Amaechi subsequently  produced ballot papers which, they claimed, he had unilaterally  printed without prior authority of other members of the NGF and started  distributing same for the purpose of the election.
The  defendants further stated that when GovernorAmaechi refused to step  down, 18 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”.
In spite  of this, they noted that Governor Amaechi and the second  defendant, Asishana Bayo Okauru, still went ahead to announce  that Governor Amaechi emerged winner of the election.
In  which case, the first, third and fourth defendants are contending that the plaintiff’s  suit be dismissed for being frivolous and unmeritorious.

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