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Ubah: Court fixes date for hearing

29 January 2013, 16:03

Lagos -  A Federal High Court, Lagos, on Tuesday fixed Feb. 7 for hearing of an application by the Chairman, Capital Oil and Gas, Dr Ifeanyi Ubah, alleging infringement on his fundamental rights.

The suit, which was filed through Ubah's Counsel, Mr R.A. Oluyede, has the Inspector General of Police (I-G) as first respondent.

Joined as respondents in the suit are the Commissioner of Police, Special Fraud Unit, Mr Ayotunde Ogunsakin; the Chief Executive Officer of Access Bank, Mr Aigboje Aig-Imokhuede and the Managing Director, Coscharis Motors, Mr Cosmas Maduka.

Justice Chukwujekwu Aneke fixed the hearing date after an argument by Mr Paul Usoro, Counsel to Coscharis Motors,that the applicant had not served him with the originating summons.

Usoro urged the applicants to do so promptly.

Oluyede had earlier claimed that the originating processes had been duly served on all respondents since Jan. 20 and he was ready to proceed with the case.

The Counsel representing the I-G, Mr Godwin Obla, also informed the court that he had filed a notice of preliminary objection to the suit.

He said his objection was predicated on the ground that the applicant could not, by his application, restrain the first respondent from carrying out his statutory functions.

Obla told the court that he had filed a notice of conditional appearance in the suit alongside a written address dated Jan. 28.

The News Agency of Nigeria (NAN) reports that Ubah had filed his application on Jan. 10, seeking an order of the court, setting aside an interim report issued by the commissioner of police, SFU, dated Nov. 2, 2012.

The applicant, in his originating motion, averred that the interim report, in which the second respondent had purported that he (the applicant) would be arraigned on a prima facie case of money laundering and criminal conspiracy, amounts to prosecutorial misconduct.

He also averred that another report, dated Nov. 3, 2012, in which it had been stated that the SFU report would be submitted in a case of stealing and economic sabotage, amounted to a breach of his fundamental rights.

The applicant wants a declaration nullifying the complaint made by the presidential committee on verification of oil subsidy payment to oil marketers, alleging that it was tainted by malice.

Ubah also wants an order of perpetual injunction, restraining the I-G, and commissioner of police, SFU, from further harassing, arresting or instituting any criminal process against him.

The applicant is seeking N10 billion as damages, to be paid by all respondents jointly and severally, for the injury suffered as a result of his detention at the Ikoyi office of the second respondent for 10 days.



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