AGF Malami Urges Court To Dismiss Igboho’s Suit

The Attorney General of the Federation (AGF) Abubakar Malami
(SAN) has urged Oyo High Court hearing the suit on Chief Sunday
Adeyemo (aka Sunday Igboho) to strike it out, arguing that it does
not have the jurisdiction to hear the case.

The prayer was contained in a notice of preliminary objection to
the suit brought pursuant to Sections 251 (1)(R) of 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.

His lawyers, led by Mr Abdulahi Abubakar, filed the objection
along with a motion on notice which they moved at resumed hearing
in Ibadan on Wednesday.

In the motion on notice, Malami asked for time extension to
enable him file the preliminary objection, counter-affidavit and
written address in opposition to Igboho’s application.

But the motion was opposed by Igboho’s counsels led by Chief
Yomi Alliyu (SAN) on the grounds that extension of time could not
be applied because time is of essence in the nature of the
suit.

With Alliyu were Mr Adekola Olawoye (SAN), Oladipo Olasope (SAN)
and seven other lawyers.

Alliyu argued 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.

Counsel to second and third respondents (DSS and the director of
DSS in Oyo State) Mr T. A. Nurudeen, did not oppose the
application.

After listening to both parties, the judge 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.

Hearing was adjourned to August 30.

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

The Attorney General of the Federation (AGF) Abubakar Malami
(SAN) has urged Oyo High Court hearing the suit on Chief Sunday
Adeyemo (aka Sunday Igboho) to strike it out, arguing that it does
not have the jurisdiction to hear the case.

The prayer was contained in a notice of preliminary objection to
the suit brought pursuant to Sections 251 (1)(R) of 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.

His lawyers, led by Mr Abdulahi Abubakar, filed the objection
along with a motion on notice which they moved at resumed hearing
in Ibadan on Wednesday.

In the motion on notice, Malami asked for time extension to
enable him file the preliminary objection, counter-affidavit and
written address in opposition to Igboho’s application.

But the motion was opposed by Igboho’s counsels led by Chief
Yomi Alliyu (SAN) on the grounds that extension of time could not
be applied because time is of essence in the nature of the
suit.

With Alliyu were Mr Adekola Olawoye (SAN), Oladipo Olasope (SAN)
and seven other lawyers.

Alliyu argued 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.

Counsel to second and third respondents (DSS and the director of
DSS in Oyo State) Mr T. A. Nurudeen, did not oppose the
application.

After listening to both parties, the judge 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.

Hearing was adjourned to August 30.

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