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.