The suit filed by Governor of Lagos State, Mr. Babatunde Fashola of Lagos State challenging the election of Governor of Plateau State, Jonah Jang as Chairman of Nigeria Governors’ Forum (NGF) has been dismissed by a High Court sitting in the Federal Capital Territory (FCT).
Named as defendants in addition to Jang were the Registered Trustees of the NGF; Secretary General of the forum; Sole Administrator, Mr Osaro Omaiwu; and Director- General, Mr Asishana Okauru.
In his ruling, Justice Peter Affen struck out the case because the statement of defence was not heard, saying the case is an offshoot of the lingering crisis in the Nigeria Governors Forum since April between Ameachi and Jang.
He also revealed that counsel to Fashola, Professor Yemi Osibajo filed a notice of withdrawal on 17th July 2013.
“The situation we are confronted with is different from the citation of the defence,” he said.
“The power to dismiss or strike out a suit lay with the court and in discharging it, a judge must exercise its discretion judiciously. I find it necessary not to dismiss the suit but to order for it to be struck out. The plaintiff may file his case whenever he so wishes.”
During the last hearing of the suit, counsel to first defendant Tayo Oyetibo (SAN), filed a counter-affidavit praying for the dismissal of the suit.
According to Oyetibo, the plaintiff realised that he was lacking adequate materials to defend his claims, meaning the issue for the court was to determine whether or not all materials in defence were placed before it.
