Justices Olatoregun threw out the application following an oral application by counsel to the former first lady that the plaintiffs are no longer interested in pursuing the matter.
The group, which claimed that they are suing for themselves and on behalf of Mrs Jonathan had asked the court to stop SERAP from using the judicial process to compel the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami to prosecute the former first lady over the controversial $15 million forfeited to the federal government by some companies linked to one of her husband’s aid.
However, in a preliminary objection filed by SERAP, the organisation is asking Justice Mojisola Olatoregun throw out, arguing that, “Patience Jonathan’s claims cannot be maintained because they are brought on
her behalf by a group that is unknown to law.
The organisation also maintained that “Mrs Jonathan’s group is not a registered organisation envisaged by law. This very point calls into question the legal capacity to file this suit against SERAP, and the jurisdiction of the court to entertain her suit.”
When the case came up for hearing, the Niger Delta group urged the court for leave to withdraw the case without giving any reason
Reacting to the development, SERAP through its lawyer, Timothy Adewale noted, this case should never have been brought against organisation in the first place.
“The case has been a complete waste of our time. While we do not object to the request by the Plaintiffs’ lawyers for withdrawal of the case, we ask the Honourable Court for N500,000 as cost against Mrs Jonathan and her group,” the lawyer said.
In her ruling, Justice Olatoregun did not only throw out the case, she equally awarded cost to the tune of N25,000 against the plaintiffs.
It could be recalled that the Union of Niger Delta Youth Organization for Equity, Justice and Good Governance is seeking an order directing SERAP to stay all action and to desist forthwith from proceeding against Mrs Dame Patience Jonathan, with any process whatsoever, pending the hearing and determination of the Originating Summons.
The group also served on SERAP a separate application to be joined in the suit number FHC/L/CS/1318/2016 earlier filed by SERAP against the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, over allegations of $15m unexplained wealth against Mrs Jonathan.”
The suit added that, The campaign by SERAP is in breach of Mrs Jonathan’s right to be presumed innocent until proved guilty under Section 36(5) of the 1999 Constitution of Nigeria (as amended).
“The action by SERAP seeks to coerce the Attorney General of the Federation to embark on a breach of the same right when the Attorney General is in a better position than SERAP and the Court to know whether or not there is any evidence of wrongdoing by Mrs Jonathan.
SERAPs action is blatant misuse of the processes of this Court.
SERAP therefore no longer deserves to continue as an incorporated entity and ought to be dissolved.
“It is just and equitable to dissolve SERAP in the circumstances of this case. Damages will not be adequate compensation for the irreparable
damage Mrs Jonathan will suffer if the application is not granted.”The Plaintiff undertakes as to damages in favour of SERAP in the event the instant application ought not to have been granted.
There has been a running battle between the Economic and Financial Crimes Commission (EFCC) and Mrs Jonathan with respect to the
release of her legitimately earned funds which were deposited in accounts opened in the names of certain companies by one of her
husbands aides without her authorisation.
SERAP in the preliminary objections filed by its lawyer, Babatunde Ogala and dated October 27, further contended that “Since the process of court has not been used bonafide and properly, it is unnecessary to consider whether or not there is a genuine case on the merits.
“An abuse of court process is not the specie of sins called an irregularity. It is a much more fundamental vice which is deserving of
the punishment of dismissal.
“The suit as constituted discloses no reasonable cause of action against SERAP and as such unmaintainable.
“Mrs Jonathan and her group cannot and has not articulated what legal wrong SERAP has done or what legal dispute they have with SERAP. They have not shown that the matter is justiciable and that a dispute exists between them and SERAP.
“Mrs Jonathan’s case against SERAP is therefore a flagrant abuse of court process and as such must be dismissed.
“The commencement of this suit through Originating Summons by Mrs. Jonathan and her group is wrong and faulty.
“Originating Summons is absolutely inappropriate to commence an action where the facts are in dispute. It is evident from the processes filed by Mrs Jonathan and her group that this suit will definitely be disputed by SERAP.
“No stamp and/or seal of the solicitors to Mrs Jonathan and her group is fixed to the Originating Summons and as such is incompetent and not cognisable by the court.
“A document filed shall be deemed not properly signed or filed if it has no fixing of the seal and stamp, and the court cannot consider such document.”
