A human rights activist, Omoyele Sowore, has told a Federal High Court sitting in Abuja to dismiss a defamatory suit filed against him and SaharaReporters, an online newspaper, by a civil society group, Incorporated Trustee of Global Integrity Crusade Network, on behalf of the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN).
The group had, on July 20, 2020, in a suit marked FHC/ABJ/CS/816/2020, dragged Sahara Reporters, Vanguard Media Limited, and two others before the court, demanding N2bn from them over alleged defamatory publications.
Saharareporters had, on August 9, 2021, exposed the extravagant lifestyle of the justice minister in its publications: Purchasing a multi-million mansion in Abuja and erecting another N100m property in Kebbi State for his newly married son, Abdulaziz, Malami.
It was also reported that the AGF has an underground hotel in Sokoto, three houses at Peace Estate, Abuja, a brand new state-of-the-art school in Kebbi, two houses for his sons worth N100 million each, and a new hotel under construction in the Jabi area of Abuja. Malami also bought a house in 2020 worth N150 million in the Gwarimpa area of Abuja.
The group, which joined Omoyele Sowore and Kabiru Akingbolu as co-defendants, asked the court to compel the defendants to jointly pay Malami N2bn as compensation for the trauma, emotional stress, and injury suffered by the AGF due to the alleged publications.
At the resumed hearing of the case before Justice Obiora Egwuatu on Wednesday, counsel to Sowore and Saharareporters, Abubakar Marshal, asked the court to decline jurisdiction in the matter on the ground that the applicant brought the matter under a faulty foundation.
Marshal argued that the suit was an abuse of court process and cannot be brought in pursuance to Section 251 of the 1999 constitution which vested powers in the federal high court to adjudicate on matters where federal government agencies or institutions are parties to it.
He submitted that neither the party in the suit before the court was a federal government agency and such a matter cannot be brought before the federal high court.
Marshal also hinged his argument on the ground that Chapter 4 of the constitution dwelled on fundamental human rights but the suit was brought under ‘defamation’ which has nothing to do with the fundamental human right violation.
He said on that account, the court does not have jurisdiction to hear the matter.
WATCH: How CSO Used By Nigeria’s Attorney General, Malami, To Sue @SaharaReporters Over Series Of Report Exposing His Corruption-fuelled Lifestyle Committed Blunders In Court
FULL VIDEO: https://t.co/ZdFVQzDXjG
— Sahara Reporters (@SaharaReporters) November 3, 2021
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He also cited the case of the Attorney General of Rivers State against the Federal Government of Nigeria where the court held that the reliefs the applicants were seeking in the suit were justifiable but the persons who were in court do not have the right to ask the court such reliefs.
He noted that the applicant has no ‘ locus standi’ in the case and described the group ( applicant) as a meddlesome interloper and busy body.
“It is the same thing we have here in this court, where certain persons who do not have business in the first place come to court to seek relief that does not pertain to them in any manner.
“We refer to them as a meddlesome interloper and busy body that should be punished for abusing the court process and proceedings.”
This suit is just a private individual or a company incorporated under Company and Allied Matter ( CAMA ) suing through a proxy in the federal high court. This is an abuse of the court process.
“Similarly, the reliefs they are seeking are not captured under Chapter 4 of the 1999 constitution which talks about salient fundamental human rights.”
He, therefore, asked the court to dismiss the application with punitive cost.
Also, counsel to the fourth defendant in the case, in his submission, aligned his argument with the issues advanced by Marshal just as he asked the court to strike out the case.
In his submission, counsel to the applicant, Edward Omaga, asked the court to discountenance the objections raised by the defense counsel and look into the merit of the matter and grant all the reliefs sought.
The trial judge, Justice Obiora Egwuatu, therefore, adjourned the matter to January 9 2022 for a ruling.
