Court fixes Dec.1 for hearing in Oduah’s fundamental human rights enforcement suit

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A Federal High Court in Lagos on Tuesday fixed Dec.1 for hearing of a suit filed by a former Minister of Aviation, Mrs Stella Oduah, seeking enforcement of her fundamental right.

The suit which was initially fixed for hearing was stalled on Tuesday due to the absence of Counsel to the applicant, Mr Ajibola Oluyede.

Justice Okon Abang, however, adjourned the case to Dec.1 following an application for adjournment by Mr Mobolaji Akintunde of Oluyede’s chambers.

The applicant had filed the suit in August, seeking enforcement of her fundamental rights as guaranteed under the constitution.

The Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission, the Attorney General of the Federation (AGF) and the Inspector-General of Police are joined as respondents in the suit.

On Aug. 26, Justice Mohammed Yunusa of the same court had issued an order of interim injunction, restraining the defendants from taking any action pending the final determination of the suit.

In the suit, the applicant is seeking an order, restraining the respondents from probing her over the purchase of two armoured BMW by the Nigerian Civil Aviation Authority under her watch in 2013.

The applicant averred that the respondents had planned to unleash repression against her and try her on trumped up charges.

She is urging the court to restrain the defendants from persecuting and humiliating her under the guise of anti-graft war.

Meanwhile, the AGF and EFCC have urged the court to dismiss the applicant’s suit for lack of merit.

In its preliminary objection, the EFCC described the applicant’s claims as baseless and speculative, arguing that the claims could not be justified.

On its part, the AGF argued that the applicant had failed to establish any cause of action since there was no proof that she had been invited, arrested or detained.

Besides, counsel representing the AGF, Mr T.A. Gazali, had earlier challenged the jurisdiction of the Federal High Court to hear the suit on the grounds that the alleged rights violation did not take place in Lagos.

Gazali had contended that the applicant did not file the suit in conformity with Order 9 of the Fundamental Rights Enforcement Procedure Rules 2009.

Source: TheGuardian