Malami Prays Court to Dismiss Igboho's Case
The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has asked the Oyo State High Court to strike out the suit of Yoruba Nation agitator, Sunday Adeyemo, better known as Sunday Igboho, arguing that it does not have the jurisdiction to hear the case.
This was contained in a notice of preliminary objection to the suit brought by Igboho, 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.
Counsels to Malami, led by Abdulahi Abubakar, filed the objection along with a motion on notice which they moved at the resumed hearing of the case in Ibadan, on Wednesday.
Correspondent Kunle Ojo reports that in the motion, Malami asked for time extension to enable him to file the preliminary objection; counter-affidavit and written address in opposition to Igboho’s application.
The motion was opposed by Igboho’s lawyers, led by Chief Yomi Alliyu (SAN), on the grounds that extension of time could not be applied because time is of the essence in the nature of the suit.
Alliyu argued that the law stipulates that replies shall be given within five days, stressing that Malami had nowhere to hide because the case is about fundamental human rights.
He said by filing the motion on notice, Malami had called for the discretion of the court. He, therefore, urged Justice Ladiran Akintola to exercise discretion instead of granting Malami’s application.
In his preliminary objection to Igboho’s suit, Malami argued that the claims for the 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.
Counsel to second and third respondents, Department of State Services (DSS) and the Director of DSS in Oyo State, Mr T. A. Nurudeen, did not oppose the application
After listening to both parties, Justice Akintola allowed Malami’s lawyers to move his application.
In his ruling, Justice Akintola allowed Malami’s application and awarded N50,000 cost against Alliyu and his team.
The hearing was adjourned till August 30.