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The Attorney General of the Federation Abubakar Malami has urged Oyo High Court hearing the suit on Sunday Adeyemo Igboho to strike it out, as he asked for more time to respond.
The prayer was contained in a notice of preliminary objection to the suit filed by his lawyers, led by Mr Abdulahi Abubakar, on Wednesday.
Igboho’s lawyer led by Yomi Aliyu had secured an ex parte order barring the AGF, DSS, police and others from arresting Igboho now detained in Cotonou, Benin.
In the motion on notice, Malami asked for time extension to enable him file the preliminary objection, counter-affidavit and written address in opposition to Igboho’s application.
In his preliminary objection to Igboho’s suit, Malami argued that the claims for unlawful killing of Igboho’s aides cannot be brought under fundamental human rights enforcement procedure, adding that claims or damages and unlawful invasion of Igboho’s Ibadan residence on July 1 can also not be resolved by way of affidavit evidence without calling witnesses, among others.
But the motion was opposed by Igboho’s counsels led by Chief Yomi Alliyu (SAN) on the grounds that extension of time could not be applied because time is of essence in the nature of the suit.
Alliyu argued the law stipulates that replies shall be given within five days, stressing that Malami had nowhere to hide because the case is about fundamental human rights.
He said by filing the motion on notice, Malami had called for the discretion of the court. He, therefore, urged Justice Ladiran Akintola to exercise discretion instead of granting Malami’s application.
After listening to both parties, the judge allowed Malami’s lawyers to move his application.
In his ruling, Justice Akintola allowed Malami’s application and awarded N50,000 cost against Aliyu and his team.
Hearing was adjourned to August 30.
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