NGF fails to stop case against it

The Nigerian Governors’ Forum yesterday in Abuja lost in its bid to stall hearing in a suit challenging its legitimacy and seeking to de-register it.
Justice Adeniyi Ademola of the Federal High Court, Abuja refused to entertain an application for stay of proceedings filed by the NGF.
The Judge, in a ruling, overruled the argument by NGF’s counsel, Okunade Olorundare (SAN), that the court must either hear his preliminary objection first or entertain his application for stay of proceedings pending appeal.
The court had on April 29 adjourned to yesterday for hearing of pending applications, particularly the preliminary objection and originating summons.
Yesterday, parties were expected to argue both applications, but Olorundare and Nasiru Tijani (representing the Corporate Affairs Commission) objected, insisting that the court must first hear their objections.
Olorundare, who said he held the brief of Lateef Fagbemi (SAN) later told the court that he had filed an application before the court seeking a stay of its proceedings pending the determination of the appeal he filed.
He said his 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.
Plaintiff’s lawyer, Tubotamuno Dick 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.
Dick urged the court to discountenance the defendants’ argument and proceed to hear the case the way it had planned.
Ruling, Justice Ademola held that his decision to hear the applications together was informed by the provision of Order 29 of the Federal High Court Civil Procedure Rules.
The judge held that Olorundare’s argument, supported by Tijani, was a ploy to stall the court’s business for the day.
Justice Ademola overruled Olorundare’s argument for being misconceived. He adjourned to July 4 for hearing of the defendants’ objection with plaintiff’s originating summons.