Alegeh Vs Awomolo: Why Alegeh Must Not Be Removed as Appointment Committee Chairman

By Ed Malik, A | ed@ddnewsonline.com |
posted June 1st, 2024

In a recent development, the Honourable Justice Alagoa of the Federal High Court in Lagos has issued an order barring the Body of Benchers and its Chairman, Chief Adegboyega Awomolo SAN, from removing Mr. Augustine Alegeh SAN, a former President of the Nigerian Bar Association, from his position as Chairman of the Benchers Appointment Committee.

The order follows a request by Alegeh, seeking the court to direct Awomolo to recuse himself and step aside as the Chairman of the Body of Benchers until further notice.

In the ruling, the court held “That 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 Ambrose Lewis-Allagoa granted the order following an ex-parte application brought by Alegeh.

It could be recalled that Mr. Augustine Alegeh SAN had strongly disagreed with the recent reconstitution of the Body of Benchers committees carried out by Chief Adegboyega Awomolo SAN, the Chairman of the Body of Benchers. During this reconstitution exercise, Awomolo appointed Mr. Yusuf Ali SAN to replace Alegeh as the Chairman of the Benchers Appointment Committee. This move has led to significant contention and the subsequent legal action by Alegeh, resulting in the Federal High Court’s order to maintain his position until further notice.

In a protest letter dated 2nd May, 2024 Alegeh warned on the dangers of side-stepping the Rule of Law, saying “that 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 committee met last Wednesday and notwithstanding some altercations, Alegeh chaired the proceedings during the meeting.

Thus, in the ongoing legal dispute, Mr. Augustine Alegeh SAN has firmly stated that he cannot be removed as the Chairman of the Benchers Appointment Committee. His position is supported by the following arguments and judicial interventions:

1. Court Order:
   The Honourable Justice Alagoa of the Federal High Court in Lagos issued an order barring Chief Adegboyega Awomolo SAN, the Chairman of the Body of Benchers, from removing Alegeh from his position as Chairman of the Benchers Appointment Committee.
2. Improper Grounds for Removal:
   Alegeh’s supporting affidavit outlines several reasons why his removal is unfounded, including:
   Awomolo’s unresolved grievances related to the refusal to recognize him as a past NBA president.
   The rejection of Mrs. Victoria Awomolo SAN’s nomination as a Bencher.
   A public notice issued by the Body of Senior Advocates of Nigeria (BOSAN) on May 6, 2024, criticizing Awomolo’s conduct, which BOSAN deemed capable of tarnishing its image.
3. Procedural Irregularities:
   Alegeh argues that the reconstitution exercise carried out by Awomolo, which aimed to replace him with Mr. Yusuf Ali SAN, was procedurally flawed and communicated improperly via email by Tela.
4. Underlying Motivations:
   Alegeh believes that Awomolo’s actions are motivated by personal vendettas rather than legitimate procedural or professional reasons, including:
   Awomolo’s attempt to leverage influence during the NBA presidential campaign of Mr. Olumide Akpata.
   Efforts to increase the number of Benchers to grant anticipatory approval for his wife, Mrs. Victoria Awomolo SAN.

Given these points, Alegeh maintains that his removal as Chairman of the Appointments Committee is unjustified and that the court’s intervention is necessary to ensure fairness and proper conduct within the Body of Benchers.