Date Published: 04/12/10
Dikko Scandal: Keyamo ask Judge to disqualify self
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FCT/HC/CV/2238/09
BETWEEN:
ALHAJI ABDULLAHI DIKKO INDE…….PLAINTIFF/RESPONDENT
AND
- SCROLL PUBLISHING LIMITED…………1 ST DEFENDANT/REPONDENT
( PUBLISHERS OF SCROLL MAGAZINE )
- JANET MBA AFOLABI …………………....2 ND DEFENDANT/RESPONDEN
( EDITOR-IN-CHIEF )
- GEORGE ELIJAH OTUMU…………………3 RD DEFENDANT/RESPONDENT
( ASSISTANT EDITOR )
- FESTUS KEYAMO………………………… 4 TH DEFENDANT/APPLICANT
- OLAJIDE IBRAHIM………………………….5 TH DEFENDANT/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO:
- ORDER 32 RULE 1 OF FCT HIGH COURT (CIVIL PROCEDURE) RULES 2004
- INHERENT JURISDICTION OF THIS HON.COURT
TAKE NOTICE that this Honourable Court will be moved on the ………. day of ………………… 2010 at the hour of 9’O clock in the forenoon or so soon thereafter as counsel on behalf of the Defendants/Applicants for the following orders:
- AN ORDER disqualifying yourself, His Lordship, Hon. Justice A.M. Talba from hearing and determining the contempt proceedings in motion number M/2917/10
- AN ORDER transferring the contempt proceedings in motion number M/2917/10 to the Chief Judge, High Court of the Federal Capital Territory , Abuja for re-assignment.
ALTERNATIVELY
- AN ORDER staying the contempt proceedings in motion number M/2917/10 pending the hearing and determination of the Appeal filed against the ruling of this Hon. Court delivered on April 1 st 2010.
- SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances of this case.
TAKE FURTHER NOTICE that the grounds for this application are as follows:
- On the authority of GANI FAWEHINMI V. STATE (1990) 5 NWLR (PT148) 42 @ 86 paras C-E, this Hon. Court cannot entertain proceedings arising out of an alleged contempt committed ex facie curiae against it.
- Further proceedings of this Hon. Court will render nugatory any decision on the appeal filed in respect of the ruling of this Hon. Court delivered on the 1 st day of April, 2010.
- That the statements of the Applicant are not libelous but so far the words complained of consists of allegations of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion they are fair comments made in good faith and without malice upon the said facts, which are matters of public interest affecting a public officer.
- That the alleged libelous statements are true to wit: the 5 th Defendant/Respondent deposed to an affidavit wherein he stated that the Plaintiff/Respondent forged his WAEC and Nigerian Institute of Management Certificates.
Dated this ……… …………………….day of ……………………………. 2010.
EZEKIEL UGOCHUKWU, ESQ.
FESTUS KEYAMO CHAMBERS
13, NOUAKCHOTT STREET,
NEAR BANK PHB,
WUSE ZONE 1,
ABUJA, NIGERIA.
08033371229; 08023388080
ON NOTICE TO
The Plaintiff
c/o their Solicitors
Amobi Nzelu Esq.
Amobi Nzelu & Co.
Suites 117- 119, Old Bannex Plaza,
Wuse II, Abuja.
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FCT/HC/CV/2238/09
BETWEEN:
ALHAJI ABDULLAHI DIKKO INDE…….PLAINTIFF/RESPONDENT
AND
- SCROLL PUBLISHING LIMITED…………1 ST DEFENDANT/REPONDENT
( PUBLISHERS OF SCROLL MAGAZINE )
- JANET MBA AFOLABI …………………....2 ND DEFENDANT/RESPONDEN
( EDITOR-IN-CHIEF )
- GEORGE ELIJAH OTUMU…………………3 RD DEFENDANT/RESPONDENT
( ASSISTANT EDITOR )
- FESTUS KEYAMO………………………… 4 TH DEFENDANT/APPLICANT
- OLAJIDE IBRAHIM………………………….5 TH DEFENDANT/RESPONDENT
AFFIDAVIT IN SUPPORT
I, Seyi Bakare, male, Christian, Nigerian citizen of Festus Keyamo Chambers, 13, Nouakchott Street, Near Bank PHB, Wuse, Zone 1, do hereby make oath and states as follows:
- That I am a litigation officer in Festus Keyamo Chambers, solicitors to the Applicant and by virtue of my aforesaid position, I am seized with the facts of this case.
- That I have the consent of the Applicant and my employer to depose to this affidavit.
- That except where otherwise stated the facts deposed to in this affidavit are facts received Ugochukwu Ezekiel, Esq. in our chambers at the above named address, on the 2 nd day of April, 2010, at about 5: p. m while taking instruction from him of the understated facts and I verily believe him.
- That this Hon. Court granted an Ex-parte order on the 7 th day of October, 2009 restraining the Applicants from further publishing libelous statements against the Plaintiff.
- That the statements of the Applicant are not libelous but so far the words complained of consists of allegations of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion they are fair comments made in good faith and without malice upon the said facts, which are matters of public interest affecting a public officer.
- That the alleged libelous statements are true, to wit: the 5 th Defendant/Respondent deposed to an affidavit wherein he stated that the Plaintiff/Respondent forged his WAEC and Nigerian Institute of Management Certificates.
- That the Applicant/Defendants applied to vacate the said ex-parte order by a motion dated the 16 th day of November, 2009 and filed on the 19 th day of November, 2009.
- That the motion to vacate the Ex-parte order was duly served on the Respondent/Plaintiff.
- That this Hon. Court has not heard the application to vacate the Ex-parte order.
- That 14 days has since elapsed after the filing and service of the motion to vacate the Ex-parte order.
- That by order 7 Rule 12 of the FCT High (Civil Procedure) Rules 2004 there is no more ex-parte order pending before this Honourable court as at the time the contempt proceeding was initiated.
- That the alleged contempt (which is not conceded) was allegedly committed outside the face of this Honourable Court.
- That no process of this Honourable Court has been served on the alleged contemnor personally.
- That this Honourable Court made an order that the alleged contemnor appear before this court at the next adjourned date and another order consolidating the preliminary objection of the Applicant and the contempt proceedings by a ruling delivered on April 1 st, 2010 .
- That this Honourable court has shown a clear intention to entertain the contempt proceedings.
- That the court would be a judge in its own cause if it entertains the contempt proceedings and make any consequential order like inviting the alleged contemnor to appear before it.
- That the Applicant has filed an appeal against the ruling of this Honourable Court delivered on April, 2010. The notice of appeal and the receipt of payment for filing are annexed and marked “EXHIBITS 1 & 1A”.
- That the notice of appeal discloses vital and arguable grounds which touches on the jurisdiction of this court to hear the contempt proceedings.
- That the Applicant is desirous of pursuing the appeal.
- That if the proceedings of this Honourable court are not stayed, the eventual decision of the Court of Appeal will be rendered nugatory.
- That the Applicant has applied to the Registrar of this Honourable Court for the record of proceedings of this Honourable Court in this case.
- That it is in the interest of justice to grant this application.
- That the Respondent/Defendant will not be prejudiced if this application is granted.
- That I depose to this affidavit in good faith.
___________________
DEPONENT
Sworn to at the High Court of FCT Registry, Abuja
This ……….….. day of ……………………………. 2010
BEFORE ME
COMMISSIONER FOR OATHS
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