The Lagos Federal High Court has ordered former minister of finance, Ngozi Okonjo-Iweala along with the Federal government to provide information on the N30 Trillion that was ‘lost’ during the Jonathan administration.
It had been alleged by the former Governor of the Central Bank, Charles Soludo, that around N30 Trillion had been mismanaged or stolen on Dr. Okonjo-Iweala’s watch during the Jonathan administration.
According to Premium Times, the judgement was delivered by Hon Justice Ibrahim Buba last week in favour of the Socio-Economic Rights and Accountability Project (SERAP).
A press release shared by Olukayode Majekodunmi, SERAP’s Deputy Director, was obtained by Premium Times which contained the judgement of Justice Buba, stated that the judge agreed with SERAP’s deputy director, Olukayode Majekodunmi, that Mrs Okonjo-Iweala and the federal government “should have either supplied the information requested by SERAP or communicate her denial within seven days of receipt of the letter from SERAP if she considers that the request should be denied”
Justice Buba’s judgement reads thus in part: “Preliminary objection by Mrs Okonjo-Iweala and the Federal Government is misconceived, the court upholds the arguments by SERAP for the reasons stated herein. SERAP commenced this proceeding by way of Originating Summons dated 23 February 2015 and filed 25 February 2015. Mrs Okonjo-Iweala and the Federal Government filed a Memorandum of Conditional Appearance, a Notice of Preliminary Objection and written address, all undated but filed on 29 September 2015.
The preliminary objection is on the following grounds: that SERAP did not obtain the mandatory leave of the Federal High Court to issue and serve the Originating Summons and other processes outside Lagos State; that there is no mandatory endorsement on the Originating Summons that it is to be served on Mrs Okonjo-Iweala and the Federal Government in Abuja and outside jurisdiction of this Court.
The only issue for determination is whether Mrs Okonjo-Iweala and the Federal Government should be heard on their preliminary objection considering the totality of the circumstances of this case. He who wants equity must do equity. This suit was filed on 25 February 2015 and from the record of the court was served on Mrs Okonjo-Iweala and the Federal Government on 3rd July, 2015. It took about 3 months for them to come up with technical response to the simple request for information under the Freedom of Information Act 2011.
Mrs Okonjo-Iweala and the Federal Government have therefore been caught by Order 29 of the Rules of this Court, which requires that an application shall be made within 21 days after service on the Defendants of the originating summons. If Mrs Okonjo-Iweala and the Federal Government want to raise issues about service, the law does not permit of demurrer.
The proper route for them should have been to join issues with the originating summons and also file their objections. In the present case by SERAP, the Notice of Preliminary Objection by Mrs Okonjo-Iweala and the Federal Government is incurably defective for not conforming to order 29 of the Rules of this Court.
The process adopted by Mrs Okonjo-Iweala and the Federal Government in this suit is to come by way of demurrer. This process has long been abolished by the Rules of this Court. By Order 16 Rule 1 of the Rules of this Court, no demurrer shall be allowed and rule 2 provides that a party shall be entitled to pursue by his pleadings any point of law and any point of law so raised shall be disposed by the judge who tries the cause at or after trial.
The implication of this clear provision of the rule of court is that Mrs Okonjo-Iweala and the Federal Government must join issues with SERAP on the originating summons no matter how flimsy, instead of looking for a technical way out. This technical way out has failed.
The concept of demurrer as presently raised by Mrs Okonjo-Iweala and the Federal Government is no longer known to law especially the Federal High Court of Nigeria. It is the position of the law that the application of Mrs Okonjo-Iweala and the Federal Government should fail.
Mrs Okonjo-Iweala and the Federal Government, having failed to file Counter Affidavit to SERAP’s suit, are deemed to have forfeited that option of filing anything again. Having shown why the Application by Mrs Okonjo-Iweala and the Federal Government should be dismissed for failing to join issues with SERAP, the originating process must be moved on the merits.”
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