Appearance of 2 Lawyers Stall Hearing of Balogun Market BOT’s Suit

Appearance of 2 Lawyers Stall Hearing of Balogun Market BOT’s Suit

Hearing of a suit filed by Incorporated Trustees of Balogun Business Association against the leaderships of the association today, suffered a setback as two lawyers appeared before the court as counsel representing the Incorporated Trustees of the association.

The Incorporated Trustees of the Association had dragged Chief Tony Orbih, Chief Jonathan Okpala, Chief John Ezeako and Corporate Affairs Commission (CAC) in a suit marked FHC/L/CS/1558/2020.

At the resumed hearing of the matter before Justice Ayokunle Faji of a Federal High Court, Lagos, Mr. M. O. Olaiya had announced appearance as counsel representing Incorporated Trustees of Balogun Business Association, also Mr. Martin Okpaleke equally announced his appearance for the plaintiff.

In an efforts to informs the court who among the counsel that was briefed by the plaintiff to represent it, Mr. Olaiya told the court that his firm, Mega Consult, filed the writ on behalf of the Association.

However, Okpaleke told the court that he was briefed by the plaintiff following a letter dated January 22, 2020, and signed by Chief Anthony Obirh and Chief Jonathan Okpala, the President/Chairman and General Secretary/Secretary of Board of Trustees.

Okpaleke told the court, that following the Association’s letter appointing him as counsel, he filed a notice of change of counsel dated January 23, 2020, in accordance with the Provision of order 9 Rule 35(1), (2) and (3) of the Federal High Court, Civil Procedure Rule, 2019, and served same on all the defendants and counsel of record.

Servicing of Okpaleke’s notice of change of counsel on all defendants and the counsel of record (Olaiya) was confirmed by the presiding judge, through the affidavits of service filed by the bailiff that served the processes.

Also, the counsel on record, Mr. Olaiya, confirmed being served with the notice.

However, Justice Faji, while ordered the two counsel to file their written addresses of the change of counsel, as well address the court on the matter, adjourned further hearing of the suit till March 11.

Parts of the Market leadership’s letter appointing Okpaleke as their counsel in the suit reads: “the Incorporated Trustees of Balogun Business Association, that is to say, Balogun Business Association, is pleased to hereby appoint you as Legal Practitioner and Legal/Counsel for the incorporated Trustees of Balogun Business Association to take over and have full conduct, on behalf of the Incorporated Trustees of Balogun Business Association, of Suit No. FHC/L/GS/1558/19 (Incorporated Trustees of Balogun Business Association versus Tony Obih & 3 Ors)

“The Executive Council, that is to say the Governing Council/Body of the Incorporated Trustees of Balogun Business Association that is to say Balogun Business Association, and the association as an entity and body corporate and the vast majority of its members only became aware of this suit on Thursday, January 16, 2020, through a publication contained in page 12 of the Daily Sun newspaper of same date. 

“The Incorporated Trustees of Balogun Business did not give its consent to any person or group of persons whosoever and howsoever for its name to be used in the above suit. The Incorporated Trustees of Balogun Business Association did not at any time authorize or direct the filing or initiation of the suit and did not at any time instructor brief or pay any Legal Practitioner or law firm to file or initiate the suit. 

“We consider the suit fraudulent by virtue of the unauthorized use of the name of our association, and we have been advised that it constitutes an egregious abuse and misuse of the processes of the Federal High Court 

“Inquiries conducted on our behalf at Federal High Court, Ikoyi, Lagos, confirm that the suit is in Court 4, that is to say His Lordship Honorable Justice Faji’ s court, and would be coming up on Monday, 27th January,2020, for hearing of an application. 

“We hereby Instruct you further to take immediate steps under the law and rules of court to terminate discontinue the suit and bring the suit to an immediate or early end”.

While Okpaleke’s notice of change of counsel to court, the defendants and counsel on record reads: “notice is hereby given that the Plaintiff herein, that is to say the Incorporated Trustees of Balogun Business Association, has appointed Martin E. G. Okpaleke, Esq. of the law firm Gerald-Martins & Company of No. 15 Amodu Tijani Close, Off Sanusi Fafunwa Street,Victoria Island, Lagos, as its Legal Practitioner and Legal Counsel in the suit herein, to represent it in this suit and to take over its representation in the suit and have full conduct of the suit on its behalf without hindrance or interference whatsoever and howsoever from any Legal Practitioner, Legal Counsel and/or law firm hitherto on record for the Plaintiff. 

“And further take notice that the letter of appointment issued to the said Martin E. G. Okpaleke, Esq. for himself and all Legal Practitioners in his firm is attached hereto and filed with this notice”.