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Presidential library: Obasanjo floors Gani in court

Posted by By GODWIN TSA, Abuja on 2006/10/13 | Views: 576 |

Presidential library: Obasanjo floors Gani in court


A Federal High Court has thrown out the suit instituted by Lagos lawyer, Chief Gani Fawehinmi, challenging the proprietary of President Olusegun Obasanjo for establishing a presidential library and awarding the licence to himself while in office.

A Federal High Court has thrown out the suit instituted by Lagos lawyer, Chief Gani Fawehinmi, challenging the proprietary of President Olusegun Obasanjo for establishing a presidential library and awarding the licence to himself while in office.

Justice Stephen Adah, who delivered his ruling on the preliminary objection raised by the President's counsel, Chief Afe Babalola (SAN), held that: 'The fact that Fawehinmi is a legal practitioner does not confer on him any special right or interest to challenge Obasanjo over the library."

The court further held that President Olusegun Obasanjo is covered by the immunity clause under section 308 from any civil or criminal proceedings, adding that Chief Fawehinmi lacked the legal right (locus) to sue the President.
Besides, the court said it lacked the jurisdiction to hear the matter as it was constituted.

Justice Adah, who traveled to Abuja from Kaduna where he had been transferred to deliver his ruling, said the plaintiff had not shown that he had an interest above others to confer on him the right to sue the President. The judge consequently struck out the case.
Reacting to the judgment, the Head of Chief Afe Babalola Chambers in Abuja, Mr. Bankole Komolafe, said that the judgment of the court could not be faulted. He commended the judge for applying the correct principle of law to the case.

The Lagos lawyer had after filing the case last year, proceeded to submit a petition to the Code of Conduct Bureau, asking it to seize the N6.5 billion realised at the fund raising ceremony for the president's library. He asked the Bureau to seize the licence given to Bells University of Technology (the university allegedly own by Obasanjo), because it was obtained in contravention of the Code of Conduct and abuse of power and corruption in 2003.

He urged the bureau to prosecute Obasanjo for the violation of the code of conduct for Public Officers. The petitioner had prayed the Bureau to allow journalists access to the declaration of assets and liabilities filed by Obasanjo in accordance with section 22 of the Constitution.
The President had, however, denied the substance of the allegation contained in Fawehinmi's petition.

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