Fundamental rights: Dismiss Igboho’s suit, Malami tells court




AGF Malami

The Attorney General of the Federation (AGF) and Minister of Justice, Mallam Abubakar Malami, Wednesday, asked an Oyo state High Court to strike out the suit filed before it by the Yoruba Nation agitator, Sunday Adeyemo.

Also at the court sitting, Justice Ladiran Akintola, extended the restraining order on the Attorney-General of the Federation (AGF), Abubakar Malami, State Security Service (SSS) and Director of SSS in Oyo state.

In the objection and motion on notice filed by the counsel to Mallam Malami, Mr Abdulahi Abubakar at the resumed hearing of the suit, the AGF argued that the court does not have the jurisdiction to hear the case.

The AGF in the motion on notice prayed the court for time extension to enable him file the preliminary objection, counter affidavit and written address in opposition to Igboho’s application.

In his preliminary objection to Igboho’s suit, the AGF argued that the claims for unlawful killing of Igboho’s aides cannot be brought under fundamental human rights enforcement procedure, adding that claims for damages and unlawful invasion of Igboho’s residence in Ibadan, on July 1, can also not be resolved by way of affidavit evidence without calling witnesses, among others.

He stated that the notice of preliminary objection to the suit brought by Igboho, is pursuant to Sections 251 (1) (R) of the 1999 constitution, Order 2, Rule 1 and 2, Order 8, Rules 1 and 2, and Order 9, Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Order 3, Rule 1 of the Oyo State High Court (Civil Procedure) Rules 2010.

Counsel to Igboho, Chief Yomi Alliyu (SAN) while opposing the motion emphasised that time is of essence in the nature of the suit and that extension of time could not be applied because Chief Alliyu (SAN) who appeared together with Mr Adekola Olawoye (SAN), Oladipo Olasope (SAN) and seven other lawyers stated that the law stipulates that replies shall be given within five days and that Mallam Malami had nowhere to hide because the case is about fundamental human rights.

Stressing that by filing the motion on notice, Mallam Malami had called for the discretion of the court, Chief Alliyu urged Justice Akintola to exercise his discretion instead of granting Malami’s application.

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