NGF Crisis:Court Strikes Out Fashola's Case Against Jang

A Federal Capital Territory  High Court today,Thursday struck out a suit filed by Gov. Babatunde Fashola of Lagos State challenging the election of Gov. Jonah Jang of Plateau as Chairman of Nigeria Governors` Forum.

Also named as defendants are the Registered Trustees of the NGF, Secretary General of the forum, the Sole Administrator, Mr Osaro Omaiwu and the Director- General, Mr Asishana Okauru.

Justice Peter Affen, in his ruling, said that he struck out the case because the statement of defence was not heard.

He said: “This case is an off-shoot of the lingering crisis in the Nigeria Governors Forum, since April between Gov. Ameachi and Gov. Jang.”

Affen said that he struck out the suit after Fashola’s counsel, Prof. Yemi Osibajo, on July 17, filed a notice of withdrawal with eight paragraphs.

“The situation we are confronted with is different from the citation of the defence,” he said.

Affen 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,” he said.

At the last hearing of the suit, counsel to first defendant, Tayo Oyetibo (SAN), told the court that he had filed a counter

affidavit praying the court to dismiss the suit.

Oyetibo said that the plaintiff realised that he had no sufficient materials to defend his claims.

He said the issue for determination was that whether all materials in defence were placed before the court or not.

He said the court should note that the question of which order was appropriate to make, when plaintiff sought for leave, should be to discontinue or not. (NAN).