Wednesday, November 25, 2020

Former Army General appeals the dismissal of N8bn’s lawsuit against the Lagos government and others

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Retired Major General AbdulRauf Tijani appealed the ruling of a Federal High Court, Abuja, which dismissed his claim against the Lagos government for the alleged illegal seizure of his tract of land in the state.

Judge Inyang Ekwo, in a ruling on October 14, dismissed the claim for damages of N8 billion on the grounds that the claim constituted a gross abuse of the judicial process, as well as being flawed in nature and content.

The Nigerian News Agency (NAN) reports that the defendants in the lawsuit are the Government of Lagos, the National Judicial Council (NJC) and Judge Ayokunle Faji of the Lagos Division of the Federal High Court.

Others include the Nigerian Bar Association (NBA); the former Attorney General of Lagos, Abdulraheem Ipaye SAN, Mr. Kasheem Adeniji and the Governor of Lagos.

Tijjani, in the notice of appeal filed on October 26, prayed to the appeals court to overturn the judgment of the trial court that dismissed his claim against the defendants.

In the notice of appeal based on two grounds, the former army chief also asked the Abuja Division Court of Appeal to grant him all declaratory reparations that he requested from the trial court, but which were not granted.

The appellant challenged the judgment of the Federal Superior Court for being discriminatory against him for alleged legal technicalities.

On the grounds of the appeal, the appellant affirmed that the trial judge made an error in law when he ignored the alleged theft of the file against a judge in office of the Federal Superior Court of Lagos.

General Tijjani had sued the defendants for alleged injustice perpetrated against him by Lagos officials and the acting judge of the Federal High Court.

The plaintiff specifically challenged the alleged sabotage of the execution of a court ruling that returned his property in Lagos.

In arguing his case, the retired army general urged the court to intervene in the matter because a sentence handed down in his favor was criminally sabotaged, allegedly by the Lagos authorities in collusion with the judge of the Federal High Court.

General Tijjani, although not a lawyer, argued his case himself and prayed to the court to investigate the justice of his case.

He added that what was before the court was criminal in nature and not ordinary misconduct by a judge.

He alleged that after a Lagos Federal Superior Court ruled in his favor in his lawsuit challenging the illegal seizure of his property by the Lagos authority, the judge in collusion with the then Lagos Attorney General took the file to a Lagos State Superior Court. which he accused of now acting as the Court of Appeal on the sentence of the Federal Superior Court.

However, in the lawsuit number FHC / ABJ / CS / 690/2020, the plaintiff asked the judge to force the National Judicial Council (NJC) to pay him another sum of N100 million for alleged misconduct by Judge AO Faji during the audience of your mind.

In addition, he asked the court for an order for the trial of Judge Faji for allegedly perverting the course of justice in his case.

In addition, Tijjani asked the court to compel the Chief Justice of Nigeria to remove the rank of Senior Counsel of Nigeria (SAN) from Mr. Kasheem Adeniji and further remove him for alleged misconduct.

But in sentencing the lawsuit, Judge Ekwo held that the lawsuit was incompetent and consequently dismissed it.

Although the hearing on the plaintiff’s request for the transmission of the file from the Federal Superior Court to the appeals court was scheduled for today, Monday, then it was postponed until November 25.

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