10 July 2002
A Federal High Court in Abuja yesterday, ad-journed to October 22, the suit instituted by the former military president, Ibrahim Babangida, against the Federal Government.
Babangida and his ex-security chiefs, Brig. General Halilu Akilu, and Col. Kunle Togun, had gone to court to prevent the government from implementing the reports of the Human Rights Violations Investigation Commission (HRVIC).
They are complaining about the portion of the report linking them with the killing of the founding Editor-in-Chief of Newswatch magazine, Mr. Dele Giwa.
Joined in the suit are President Olusegun Obasanjo, the Attorney-General of the Federation, HRVIC, the Chairman of HRVIC, retired Justice Chukwudifu Oputa, as well as the Secretary to the Government of the Federation.
Others are Mrs. Elizabeth Pam, the Chairperson of the Implementation Committee of the HRVIC report and Mr. Bala Ngilari, a member of the committee.
Dr. Olumide Ayeni, holding brief for Chief Afe Babalola (SAN), counsel to the Federal Government, told the court that the counsel had received instructions from the Attorney General of the Federation to represent all the defendants in the suit.
Ayeni applied through the court to withdraw the earlier preliminary objection filed by the respondents and said that they had filed a fresh notice of preliminary objection challenging the court's jurisdiction to entertain the suit.
He said that the president enjoyed constitutional immunity against any action by virtue of Section 308 of the Constitution of the Federal Republic of Nigeria.
Section 308 says that no action could be brought against any incumbent president, his vice, the governors and their deputies, either in their official capacity or as private citizens.
He also said that the relief sought by the plaintiffs were not recognisable in law as they were either academic or mere statements, which, he noted, did not constitute any relief in law.
"The particulars of relief 7 are irregular, misconceived and violative of Order 7 Rules (2) and (3) of the Federal High Court Civil Procedure Rules," he said.
He also said that the new objection, which raised an important issue of jurisdiction must be decided before any other step could be taken.
Ayeni said that it would amount to injustice to the court, the law and the parties if the judge assumed jurisdiction in the matter, which it had no jurisdiction to entertain.
Counsel to the plaintiffs, Mr. Yahaya Mahood, however, agreed that the issue of jurisdiction should be determined first, but said that Ayeni's application must be made proper before the court.
Mr. Mohammed Fawehinmi, appearing for Chief Gani Fawehinmi, said that he had a pending application seeking to be joined as a necessary party in the suit.
He said that it was the petition filed by Fawehinmi that originated the processes of the suit, adding that the applicant had sufficient interest in the case.
In his ruling, the Presiding Judge, Justice Binta Nyanku, said that the application to join the matter would be taken when the court had decided whether it could assume jurisdiction in the matter.
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