Abolition of Governor's Forum: Governors Fail to Stop Suit
Abolition of Governor's Forum: Governors Fail to Stop Suit: Published by pmnews: By Nnamdi Felix:
Fictionalized Nigerian Governors' Forum, NGF, on Tuesday failed in its bid to stall hearing of a suit challenging its legitimacy and seeking its de-registration.
A Federal High Court siting in abuja and presided by Justice Adeniyi Ademola, refused to entertain NGF's application for a stay of proceedings in the matter.
The forum's lawyer, Mr. Okunade Olorundare, a senior advocate of Nigeria, had applied for his preliminary objection to be heard first before the substantive matter or alternatively, for his application for stay of proceedings pending appeal to be heard first. These were rejected by the court in a ruling.
The court had earlier fixed the hearing of all pending applications, particularly the preliminary objection and originating summons, for today. Parties were expected to argue both applications, but Olorundare and Mr. Nasiru Tijani, who represented the Corporate Affairs Commission, CAC, objected and insisted that the court must first hear their objections.
Olorundare further told the court that he had filed an application before the court seeking a stay of its proceedings pending the determination an appeal he filed.
The appeal was against the court's decision on April 29 to hear the substantive suit together with the defendants' preliminary objection.
He urged the court to either hear his preliminary objection first or hear his application for stay.
Mr. Tijani Ali Danjuma, the Northern Coordinator of Network for Defence of Democracy and Good Governance, NDDGG, had dragged the NGF and the CAC before the court claiming that the governor's body was erroneously registered by the CAC and wants the court to de-register the NGF.
He contended that the body was illegal and asked the court to determine whether, by virtue of the provision of Section 5 sub-sections 2, 3, 176, 183, 185, 187, 306 and 308; and the Oath of Office of Governor of a state, as set out in the Seventh Schedule of the Constitution, the term "governor" referred to an "office" or a " person."
His lawyer, Mr. Tubotamuno Dick in the course of Tuesday's proceedings, described Olorundare's argument as part of the defendants' antics to frustrate the prompt hearing of the case.
He argued that the court's decision to hear both the substantive suit with the objection was in line with the provision of Order 29 of the court's Civil Procedure Rules and urged the court to discountenance the defendants' argument and proceed to hear the case the way it had planned.
The court held that the decision to hear the applications together was informed by the provision of Order 29 of the Federal High Court Civil Procedure Rules and maintained that Olorundare's argument, as well as that of the CAC, were misconceived and calculated to stall the court's business for the day.
Subsequently, the matter was adjourned to 4th July, for hearing of the defendants' objection with the substantive matter
Ali Danjuma, the plaintiff, also wants the court to determine among other issues, whether an "office" can have fundamental human rights as provided under Chapter Four of the Constitution, particularly in relation to the right to freedom of association as provided under Section 40 for it (the office of governor) to qualify as Trustee under Section 592 of the Company and Allied Matters Act (CAMA) 2004 and for it to be registered as an Association under Part C of CAMA.
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