Alegeh’s Committee Appointment Just A “Privilege”

The legal battle surrounding the appointment of Augustine Oyarekhua Alegeh, SAN, as the Chairman of the Appointments Committee within the esteemed Body of Benchers has taken an explosive turn, with bombshell court filings revealing a litany of allegations and counter-allegations between the parties involved.

In a motion filed before the Federal High Court in Lagos, the current Chairman of the Body of Benchers, Chief Adegboyega Awomolo, SAN, has sought to strike out a suit instituted by Alegeh, a former President of the Nigerian Bar Association (NBA), arguing that the plaintiff lacks the legal grounds to challenge his appointment.

According to Awomolo’s affidavit in support of the motion, he contends that Alegeh has no right of action or cause of action against the defendants, asserting that membership in such ad-hoc committees is a mere privilege conferred on selected members of the legal profession, without remuneration or enforceable civil rights or obligations.

Awomolo’s legal team, led by Dr. Onyechi Ikpeazu, OON, SAN, submitted that the suit constitutes an abuse of the court’s process, citing the Body of Benchers Regulations, which stipulate that the Chairman has the power to appoint committee members.

In a surprising twist, the immediate past Chairperson of the Body of Benchers, Retired Justice Mary Ukaego Peter-Odili, has distanced herself from Alegeh’s purported appointment. In a letter addressed to Awomolo, Justice Peter-Odili expressed “great shock” upon receiving information about Alegeh’s appointment, which was said to have been approved during her tenure.

Justice Peter-Odili categorically denied making such an appointment, citing three reasons: firstly, she had made it clear to the administration that she had no interest in reconfiguring the Appointments Committee during her tenure; secondly, she could not have approved such an appointment on the day she chaired her last meeting as Chairperson, as it would not have been presented to the Body for approval; and thirdly, she would not have restructured the Appointments Committee without consulting the Vice-Chairman, with whom she worked as a team.

“I want to therefore categorically state that I did not make that appointment,” Justice Peter-Odili asserted in her letter.

In a separate letter, the Secretary of the Body of Benchers, Daniel M. Tela, Esq., has defended Alegeh’s appointment, revealing that it was based on verbal directives from Justice Peter-Odili. Tela’s letter sheds light on the inner workings of the Body of Benchers, claiming that several appointments and directives have been carried out based on verbal communication or SMS, a practice he claims is not uncommon.

Alegeh, on the other hand, remains steadfast in his position. In his originating summons, he contended that his appointment was for a three-year tenure based on the Body of Benchers Regulations. He claimed that Awomolo’s attempt to unilaterally remove him from the position in April 2024 was unlawful, malicious, and in breach of the regulations.

Alegeh sought several declaratory reliefs and perpetual injunctions restraining Awomolo from interfering with his position as the Appointment Committee Chairman and from occupying the office of the Body of Benchers Chairman. He argued that Awomolo was unfit for the role due to alleged breaches of the regulations and allegations of criminal misconduct leveled against him by the Body of Senior Advocates of Nigeria (BOSAN).