Court adjourns Oduah's rights enforcement suit Dec 1
(Nigeria) A Federal High Court sitting in Lagos, has
adjourned till December 1, for hearing
of a suit filed by a former Minister of Aviation, Mrs Stella Oduah, seeking
enforcement of her fundamental right.
The suit which was initially fixed for hearing was stalled
on Tuesday due to the absence of counsel to the applicant, Mr Ajibola Oluyede.
Trial judge, Justice Okon Abang, however, adjourned the case
to December 1, following an application
for adjournment by Mr Mobolaji Akintunde.
The applicant had filed the suit in August, seeking
enforcement of her fundamental rights as guaranteed under the constitution.
The Economic and Financial Crimes Commission, EFCC,
Independent Corrupt Practices Commission, the Attorney General of the
Federation, AGF and the Inspector-General of Police are joined as respondents
in the suit.
On August 26, Justice Mohammed Yunusa of the same court had
issued an order of interim injunction, restraining the defendants from taking
any action pending the final determination of the suit.
In the suit, the applicant is seeking an order, restraining
the respondents from probing her over the purchase of two armoured BMW by the
Nigerian Civil Aviation Authority under her watch in 2013.
The applicant averred that the respondents had planned to
unleash repression against her and try her on trumped up charges.
She is urging the court to restrain the defendants from
persecuting and humiliating her under the guise of anti-graft war.
Meanwhile, the AGF and EFCC have urged the court to dismiss
the applicant’s suit for lack of merit.
In its preliminary objection, the EFCC described the
applicant’s claims as baseless and speculative, arguing that the claims could
not be justified.
On its part, the AGF argued that the applicant had failed to
establish any cause of action since there was no proof that she had been
invited, arrested or detained.
Besides, counsel representing the AGF, Mr T.A. Gazali, had
earlier challenged the jurisdiction of the Federal High Court to hear the suit
on the grounds that the alleged rights violation did not take place in Lagos.
Gazali had contended that the applicant did not file the
suit in conformity with Order 9 of the Fundamental Rights Enforcement Procedure
Rules 2009.
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