A human rights group, Socio-Economic Rights and Accountability Project,
has described the suit filed against it by wife of ex-President Goodluck
Jonathan, Patience, as grossly incompetent and urged a Federal High
Court in Lagos to dismiss it.
A group, the Union of Niger Delta Youth Organisation for
Equity, had on behalf of itself and Patience sued SERAP for allegedly
championing a campaign of calumny against Patience.
The group and Patience had accused SERAP of instigating the
Attorney General of the Federation to prosecute Patience in relation to a
controversial $15m seized by the Economic and Financial Crimes
Commission.
SERAP, however, said it had filed a preliminary objection,
seeking the dismissal of the suit on the grounds that the UNDYOE, which
filed the suit, was not a registered organisation recognised by law.
SERAP also faulted the mode in which the suit was commenced,
saying the plaintiffs misled themselves by approaching the court
through an originating summons.
SERAP further noted that the plaintiffs’ lawyer failed to
affix his stamp and seal on the processes as required by the rule of
court, saying the failure had rendered the suit incompetent.
Counsel for SERAP, Babatunde Ogala, described the suit as an
abuse of court process, insisting that the plaintiffs had failed to
disclose any reasonable cause of action in the suit.
Ogala said, “Since the process of court has not been used
bona fide and properly it is unnecessary to consider whether or not
there is a genuine case on the merits.
“An abuse of court process is not the species of sins called
an irregularity. It is a much more fundamental vice which is deserving
of the punishment of dismissal.
“The suit as constituted discloses no reasonable cause of action against SERAP and as such cannot be maintained.
“Mrs. Jonathan and her group cannot and have not articulated
what legal wrong SERAP has done or what legal dispute they have with
SERAP. They have not shown that the matter is justiciable and that a
dispute exists between them and SERAP. Mrs. Jonathan’s case against
SERAP is therefore a flagrant abuse of court process and as such must be
dismissed.”
In their suit, UNDYOE and Patience are seeking an order of
interim injunction restraining SERAP from using any judicial process to
coerce the AGF to prosecute Patience for “owning legitimate private
property.”
The plaintiffs also urged the court to restrain SERAP from
“taking any further steps in further vilification, condemnation and
conviction of the former First Lady, Mrs. Dame Patience Jonathan, in all
public media.”
They further sought an order “directing SERAP to stay all
actions and to desist forthwith from proceeding against Mrs. Dame
Patience Jonathan, with any process whatsoever, pending the hearing and
determination of the originating summons.”
Sunday, 30 October 2016
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