● As Alegeh tells Awomolo to recuse self as BoB chair
Justice Ambrose Lewis-Allagoa of the Federal High Court [FHC] sitting in Lagos has barred the Body of Benchers and its Chairman, Chief Adegboyega Awomolo [SAN] from removing former Nigerian Bar Association [NBA] President, Mr. Augustine Alegeh [SAN] as Chairman of the Benchers Appointment Committee.
The Court granted an order of interim injunction restraining the defendants [Body if Benchers & Ors] from removing the plaintiff/applicant [Alegeh] as chair of Benchers’ Appointment Committee.
Read the court’s specific order: “An order of interim injunction is granted restraining the Defendants from removing the Plaintiff/Applicant and/or interfering with his duties as Chairman of the Body of benchers appointment committee during his tenure from 28th March, 2024 to 27th March, 2027, pending the hearing and determination of the Motion on Notice for Interlocutory Injunction.”
Justice Lewis-Allagoa granted the order following an ex-parte application brought by Alegeh.
Recall that Alegeh disagreed with the recent reconstitution of the Body of Benchers committees by Awomolo.
The Body of Benchers’ Chairman had, during the reconstitution exercise, appointed, Mr Yusuf Ali [SAN] to replace Alegeh.
In a protest letter dated 2nd May, 2024, Alegeh had warned on the dangers of side-stepping the rule of law.
He said “I accepted to serve the full term of three years and I have not resigned my appointment as the Chairman of the Body of Benchers’ Appointment Committee.
“I believe there must be an error which I respectfully request should be corrected immediately.
“I therefore would continue to act as Chairman of the Committee in the terms stated in my Letter of Appointment.”
THe CONCLAVE reports that the committee met last Wednesday and, notwithstanding some altercations, Alegeh chaired the proceedings during the meeting.
Though Alegeh had also urged the court to bar Awomolo “from further acting as Chairman off (sic) the Body of Benchers pending the hearing and determination of the Motion on Notice for Interlocutory Injunction,” the court deferred consideration of the prayer till hearing of the motion.
Justice Lewis-Allagoa adjourned the matter to July 8, 2024 for hearing of the Motion on Notice.
The motion ex-parte was dated May 21, 2024 while the ruling is dated May 27, 2024.
Named as defendants in the suit are Awomolo and Body of Benchers.
In a letter dated March 28, 2024 and entitled “APPOINTMENT TO SERVE AS CHAIRMAN OF THE BODY OF BENCHERS APPOINTMENT COMMITTEE,” Alegeh was named as the Chairman of the all-important committee.
Signed by Mr. Daniel Tela, the Secretary of the Body of Benchers, the letter stated that the appointment “shall be for a period of three (3) years.”
The former NBA president accepted the appointment the same day and vowed to “discharge the functions of the office with great responsibility and commitment to the ideals of the Body of Bencher.”
However, less than six weeks in the saddle, the Life Bencher was removed as Chairman of the Committee through the reconstitution exercise by Awomolo.
The exercise was communicated to benchers through an email by Tela.
Tela said that the Body of Benchers was aware of Alegeh’s May 2, 2024 letter and would tackle all the issues raised.
He said: “We are in receipt of the letter and the attention of the Chairman has been drawn to it. The issues raised will be addressed by the Chairman.”
● Alegeh’s Averments
In his supporting affidavit, Alegeh stated the following points :-
■ That Chief Awomolo had approached him during his tenure as NBA President to declare him (Awomolo) and be addressed as Past NBA president. That after thorough investigation and consultations, it was discovered that Awomolo was never chairman of any NBA branch in the past. That Awomolo being made Chairman of Chairmen during the NBA hiatus in 1992 doesn’t qualify as past president. His request was therefore turned down.
■That Awomolo had informed him that he would deliver a press statement that would ensure the victory of Mr. Olumide Akpata as NBA President, despite the fact that the Egbe Amofin group of which Awomolo is a leader has already endorsed Dele Adesina SAN to run for the office of NBA president.
■ That after Olumide Akpata emerged as NBA President, Awomolo approached Akpata with the same request of declaring him as past NBA president, which was also turned down.
■ That Awomolo’s wife, a Senior Advocate of Nigeria was nominated to be made a Bencher. But the Appointments Committee under Hon Justice Umaru Abdulahhi rejected her name on the basis of the fact that space for Benchers was limited.
■That Mallam Yusuf Alli SAN as Vice Chairman of the Appointments Committee sought to increase the number of Benchers and to grant ‘anticipatory’ approval for Mrs. Victoria Awomolo SAN as a Bencher.
■ In furtherance of these, Chief Awomolo as Chairman Body of Benchers unilaterally attempted to remove Alegeh as Chairman of the Appointing Committee on May, 10, 2024.
■ That the Body of Senior Advocates of Nigeria had issued a Public Notice on May 6, 2024 in a newspaper on Awomolo of his unprofessional conduct capable of tarnishing the image of BOSAN.
■That these are some of the reasons Chief Awomolo holds a grouse against him and seeks to remove as Chairman of Appointing Committee of the Body of Benchers.
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