The court on Wednesday fixed January 24, 2013 to deliver ruling on the preliminary objections in the suit.
The presiding judge, Justice Abdul Kafarati, fixed the date after hearing the preliminary objections raised by the NJC.
In
its counter-affidavit dated June 19, 2012, and deposed to by its Deputy
Director of Information, Mr. Soji Oye, the NJC told the court that the
suit was just a means of retaliation.
“The
suit and the pervious suits filed on the same subject by the plaintiff
herein and his associates, are the extension of the grudge and
grievances arising from the nullification of his election by the
Governorship Election Appeal Tribunal in November 2010.
Hence,
the suits are mischievous and a witch-hunt against a judicial officer
carrying about his judicial function,” the NJC said.
The NJC asked the court to dismiss the suit on the grounds that the plaintiff lacks the locus-standi to institute the action.
Also,
the other defendants in the suit, President Goodluck Jonathan and the
Attorney General of the Federation and Minister of Justice, Bello Adoke
(SAN), in their joint counter-affidavit against the suit, accused
Oyinlola of abusing judicial process, even as they equally urged the
court to dismiss the suit as lacking in merit.
Meanwhile,
Oyinlola had, in an originating summons he filed against the NJC, set
out a number of questions for determination by the court.
He
asked the court to determine “whether the recommendation of the NJC to
the President of the Federal Republic of Nigeria to reinstate Hon.
Justice Isa Ayo Salami as the President of the Court of Appeal, is not
void considering the pendency of the suit filed by Justice Salami and
others on the subject matter of Salami’s removal and suit No
FHC/ABJ/CS/209/2012 between Peoples Democratic Party, PDP, Osun State
Chapter and 2 Others Vs Hon. Justice Isa Ayo Salami & 2 Others.”
Punch Nigeria
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