Alegeh v Awomolo: Alegeh Can’t be Removed as Appointment Committee Chairman

In a recent development, Honourable Justice Lewis-Allagoa of the Federal High Court in Lagos recently 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 (NBA), from his position as Chairman of the Benchers Appointment Committee.

The order follows a request by Mr Alegeh, seeking the court to direct Chief 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 can be recalled that Mr Alegeh, had strongly disagreed with the recent reconstitution of the Body of Benchers committees carried out by Chief  Awomolo, the Chairman of the Body of Benchers.

During this reconstitution exercise, Chief Awomolo appointed Mr Yusuf Ali, SAN, to replace Mr Alegeh as the Chairman of the Benchers Appointment Committee. This move has led to significant contention and the subsequent legal action by Mr Alegeh, resulting in the Federal High Court’s order to maintain his position until further notice.

In a protest letter dated 2nd May, 2024 Mr 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 will 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, Mr Alegeh chaired the proceedings during the meeting. Though he had also urged the court to bar Chief Awomolo “from further acting as Chairman of (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 the 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 Chief Awomolo and Body of Benchers. 

In a letter dated March 28, 2024 and titled “Appointment to Serve as Chairman of the Body of Benchers Appointment Committee”, Mr 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 Benchers”.

However, less than six weeks into his tenure, Mr Augustine Alegeh, SAN, a Life Bencher, was removed as Chairman of the Benchers Appointment Committee through a reconstitution exercise conducted by Chief Adegboyega Awomolo, SAN. This exercise, which appointed Mr Yusuf Ali, SAN as Mr Alegeh’s replacement, was communicated to the Benchers via an email by Mr Tela. This swift removal and the manner in which it was communicated have further fuelled the dispute, leading Mr Alegeh to seek judicial intervention to maintain his position.

Mr Tela said that the Body of Benchers was aware of Mr 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.