After a protracted legal battle, the Body of Benchers has reinstated life bencher and former Nigerian Bar Association (NBA) President, Mr. Augustine Alegeh SAN to his seat as the Chair of the Appointment Committee of the elite Body of Benchers.
The reinstatement followed a truce consummated by the immediate past Chief Justice of Nigeria, Justice Olukayode Ariwoola.
The former NBA president has now withdrawn the lawsuit he filed on the matter.
According to a close aide of Alegeh, SAN, “Truce was reached. Claimant’s position at BoB (was) restored.”
It was, however, unclear at the weekend, the fate of respected Bar Leader, Mr. Yusuf Ali, SAN, who was appointed in Alegeh’s stead by Awomolo.
It was also unclear whether all the appointments which threw spanner in the works had been jettisoned by Awomolo.
BAR & BENCH WATCH reports that Chief Awomolo, SAN assumed leadership of the Body of Benchers on April 1, 2024.
The Body of Benchers is the legal body of practitioners of the highest distinction in the legal profession, which is responsible for the formal call to the Bar of persons seeking to become legal practitioners as well as disciplining of erring lawyers.
He took over from a former Justice of the Supreme Court, Justice Justice Mary Ukaego Odilli after her tenure expired.
As soon as Chief Awomolo took over, he took some decisions including reconstitution of the Body of Benchers committees, a decision that enraged few members of the august body including a life bencher and former President of the NBA, Mr Alegeh, SAN.
For instance, Alegeh who had just been appointed as Chairman of the Benchers Appointment Committee was removed from office .
Although there were informal meetings arranged by the duo of Awomolo and Alege to settle the grievances between them, all efforts proved futile.
Citing several alleged infractions of the Benchers Regulations 2024, the former NBA president wrote: “I am surprised to see that whereas my tenure has not expired, my respected big brother and Life Bencher, Mallam Yusuf Ali, SAN, whom I hold in very high esteem, and who has a rich history of respect for the Rule of Law, was published in your email as the “Chairman” of the same Committee.”
Alegeh had vowed that he would not relinquish the position without a fight, saying: “I therefore would continue to act as Chairman of the Committee in the terms stated in my Letter of Appointment.”
He had instituted a lawsuit at the Federal High Court in Lagos, urging the court to reinstate him as Chairman of the Benchers Appointment Committee.
In the suit, Alegeh also alleged that Chief Awomolo, SAN upon his assumption of office allegedly reconstituted unilaterally the various standing committees of the BoB in flagrant breach and violation of the Benchers’ Regulation.
He also accused him to have unilaterally reduced the tenure of office of members of various committees of the BoB appointed by his predecessor and former Justice of the Supreme Court, Justice Mary Odili from three years to two years in violation of the body’s regulation.
Alegeh also alleged that Chief Awomolo, SAN created unilaterally and illegally an Executive Committee for the Body of Benchers, side-tracking the standing committees of the BoB legally set up by his predecessors and made the purported illegal Executive Committee to approve all the projects and programmes of his administration for the next one year.
The court had barred the Body of Benchers and its Chairman, Awomolo, from removing Alegeh pending determination of the lawsuit.
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.”
It would be recalled that former Justice of the Supreme Court, Justice Mary Peter-Odili had sensationally denied appointing Alegeh as Chairman of the Benchers Appointment Committee.
Following Odili’s denial, Awomolo had issued a query dated 3rd June, 2024 to the embattled Secretary of the Body of Benchers, Mr. Daniel Tela, asking him to respond to Odili’s denial.
Part of Odili’s letter reads: “It is with great shock to read the contents of the letter which in effect means that I, as outgoing chairman of the Body of Benchers, authorized the said appointment. I could not have embarked on such an appointment of Augustine Alegeh SAN as Chairman of Appointment Committee for the following reasons:
1. I had made it known to the administration that I had no interest in reconfiguring the Appointment Committee during my tenure.
2. I could not have embarked on such a process on the day I chaired the last meeting of my tenure, which meant that the appointment would not be presented to the House for approval before the letter to the candidate.
3. I would not have entered into the restructuring of the Appointments Committee without reference to the Vice Chairman with whom I worked as a team.”
But even after the denial by Justice Odili that she never appointed Alegeh as chairman of the committee, the battle continued.
The immediate past Chief Justice of Nigeria who is also the Deputy Chairman of the Body of Benchers, Justice Olukayode Ariwoola had intervened in the case afresh.
Part of the settlement terms was that he would be reinstated while he must withdraw his suit in court.
Alegeh had taken steps to withdraw the lawsuit.
He, however, paused the move when the Awomolo-led body was reluctant in implementing the settlement terms.
