Augustine Alegeh, SAN Files Explosive Further Affidavit In BoB Appointment Case, Claims Official Letter Confirmed Appointment

The legal battle within the Body of Benchers has taken a new turn as Augustine Oyarekhua Alegeh, SAN, the Plaintiff/Applicant, has filed a further affidavit in support of his motion on notice dated May 21, 2024. The affidavit, sworn to by Alegeh himself, provides additional insights and allegations regarding the ongoing leadership dispute within the prestigious legal body.

In the affidavit, Alegeh vehemently denies several depositions made by the 1st Defendant/1st Respondent, Chief Adeboyega Solomon Awomolo, SAN, in his counter affidavit dated June 7, 2024. Alegeh asserts that he was validly appointed as the Chairman of the Body of Benchers Appointment Committee, and his appointment was conveyed to him through an official letter issued by the 2nd Respondent, the Body of Benchers.

Alegeh further alleges that the letter dated June 3, 2024, referred to as Exhibit A in the 1st Respondent’s counter affidavit, was procured by Chief Awomolo during the pendency of the suit. He claims that Chief Awomolo’s purported appointment of Prof. Yusuf O. Ali, SAN, as the Chairman of the Appointment Committee is invalid and contravenes the Body of Benchers Regulations.

The affidavit also raises concerns about Chief Awomolo’s alleged unilateral actions, including interviewing contractors to award what Alegeh terms as “illegal contracts” for the construction of a fire station, hotel, and clinic, without proper authorization or inclusion in the 2024 Budget of the Body of Benchers. Alegeh claims that these projects have not been advertised, and the bidding process is being carried out unilaterally by Chief Awomolo.

Another serious allegation made by Alegeh is that Chief Awomolo is unlawfully operating the Body of Senior Advocates of Nigeria (BOSAN) without authorization. He claims that Chief Awomolo opened a bank account in BOSAN’s name without the knowledge and consent of the organization and has been collecting money from various individuals and bodies under the false impression that the payments were being made to BOSAN.

Alegeh exhibits a letter dated May 16, 2024, written by Paul Usoro, SAN, Chairman of BOSAN’s Leadership Committee, as evidence of a disclaimer issued to Chief Awomolo regarding his alleged unlawful activities in using BOSAN’s name for an Annual Lecture/Colloquium without proper authorization.

The affidavit further alleges that Chief Awomolo failed to disclose to the court the fact that he issued a query to the Secretary of the Body of Benchers, Mr. Daniel Tela, on June 3, 2024, regarding facts that were already submitted to the court for adjudication and form the basis of the interim orders made in the suit.

Alegeh exhibits the query issued by Chief Awomolo (Exhibit P12) and the response provided by Mr. Daniel Tela (Exhibits P13A and P13B). In his response, Mr. Tela confirms that Alegeh’s appointment as the Chairman of the Appointment Committee was valid and made in compliance with the Body of Benchers Regulations.

The affidavit also reveals that Chief Awomolo directed Mr. Tela to issue letters of reinstatement to some Committee Members of the Body of Benchers whose appointments and tenures were allegedly unlawfully truncated by Chief Awomolo, in an attempt to overreach and compromise Alegeh’s claims before the court.

Alegeh expresses concern about the negative impact of these events on the image and integrity of the Body of Benchers and emphasizes the need for preservatory reliefs to prevent the Respondents from taking steps that could render any judgment or final orders of the court nugatory.

In addition to the allegations against Chief Awomolo, Alegeh’s affidavit also includes an exhibit (Exhibit P10) in the form of a letter written by Uwemedimo Nwoko, SAN, protesting the unlawful dissolution of the Body of Benchers Complex Management Committee, which he chaired. Nwoko asserts that the dissolution was carried out unilaterally by Chief Awomolo and is not in accordance with the Body of Benchers Regulations.

Another exhibit (Exhibit P11) is a screenshot of a WhatsApp message forwarded by Chief Awomolo to Alegeh, indicating the time fixed for their meeting, which contradicts the deposition made by Chief Awomolo in his counter affidavit.

Alegeh emphasizes that the Body of Benchers is a statutory body, and its membership, appointments, and tenure of office for Committee Members are regulated by law and have statutory flavor. He argues that these aspects are not subject to the discretion or whims and caprices of the 1st Defendant.

The affidavit also alleges that Chief Awomolo has taken deliberate steps aimed at compromising and/or truncating the subsisting interim orders of the court, despite being served with the processes in the matter on May 29, 2024.

[The Nigerian Lawyer]