The fundamental fundamental rights suit NO: FHC/L/CS/1490/2022, filed by one Clare Omatseye of JNCI LIMITED, and four others, against Afe Babalola University the Inspector General of Police and four others have been stuck out by Court.
Mr Babatunde Wahab, the Students Affairs Officer of the University, who made this known on Wednesday in Ado-Ekiti while speaking with newsmen, said the case came up for determination on Tuesday, Nov. 01, 2022, at the Federal High Court sitting in Ikoyi Lagos.
Mrs Clare Omatseye and others, through their counsel Ebun-Olu Adegboruwa, (SAN), had filed the fundamental right enforcement case against the respondents, for alleged violation of their fundamental rights.
According to Wahab, the basis of the suit was on the alleged arrest and detention of one Franca Ikpea and Oyeleye Yussuf, in the custody of the RRS Ado-Ekiti, on 4th August, 2022, and the possibility of arrest of Mrs Clare Omatseye and others who had earlier been invited by the police in Ado-Ekiti over a case of alleged failed project, executed by JNCI LIMITED for the supply of medical equipment for ABUAD Multi-Syatem Hospital.
” The presiding judge, Justice TG Ringim struck the suit on account of lack of diligence of the counsel to the applicants in prosecuting the suit.
” The learned silk Ebun-Olu Adegboruwa had filed his further affidavit on the date of hearing of the case on 29th September, 2022, on the basis of which he sought adjournment to regularise same, being filed more than a month after same ought to have been filed.
” On Nov. 01, 2022, the counsel to the Applicants, who had not filed application to regularise his further affidavit, filed another application to adduce oral evidence in fundamental suit on 28th October, 2022, but served same on the Respondents counsel on Nov. 01, 2022.
” He equally raised argument that he had commenced Contempt Action on the polic,e for proffering charge against his clients after the court had issued order for parties to maintain status quo ante bellum, on 9th August, 2022″, he said.
Continuing, Wahab explained that “The counsel to the Applicants, urge the court to stay proceedings until the proceedings against the Inspector General of Police and others are heard and determined.
” In response, FD Falade, Esq, a Chief Superintendent of Police and Officer in Charge, Legal section, Police Command in Ekiti state,who appeared for the Inspector General of Police and the other police officers in the suit, argued that service of form 48 was mere notice of contempt proceedings, and not contempt proceedings.
” He argued that contempt proceedings is sui generis, so is fundamental rights proceedings, as such, no one could stall other”.
He added, saying Falade accused the counsel to the Applicants of playing antics and engaging in ploys to stay the proceedings.
” He urge the court to hold that the Applicants are not diligent with prosecuting the fundamental rights suit that is seen as urgent and need to be heard expeditiously.
” He contended against the plea of the Applicants’ counsel seeking to adduce oral evidence in the fundamental rights proceedings, and that his argument is that, the Applicants who elected to come by way of originating summons cannot deviate from their chosen procedure. They cannot eat their cake and have it.
” He reiterated that, there is no basis to adduce oral evidence as facts if the processes are not irreconcilable”.
Wahab said counsel to Afe Babalola University, ABUAD and Aare Afe Babalola (SAN), Mr. Olu Daramola, (SAN), addressed the Court after FD Falade Esq, and aligned with the earlier positions of the police lawyer and further emphasised that the counsel to the Applicants, Ebun-Olu Adegboruwa is not diligent with prosecuting the case but was rather playing pranks to frustrate the trial of criminal charge against the applicants at the Federal High Court, Ado-Ekiti.