Friday, November 23, 2012
N250bn Otedola suit: You can’t try me, Farouk Lawan tells court
FORMER chairman of the House of Repre-sentatives ad hoc committee on fuel subsidy probe, Honourable Farouk Lawan, on Thursday, told an Abuja High Court that it lacked the jurisdiction to entertain the suit filed against him and the Speaker of the House of Representatives, Honourable Aminu Tambuwal, by a Lagos-based businessman, Femi Ote-dola and his company, Zenon Petroleum and Gas Company.
Lawan, in a preliminary objection argued by his counsel, Kehinde Ogunwumiju, asked the court to strike out the suit and also dismiss it on the grounds that “Section 3 of the Legislative Houses Powers and Privileges Act Cap L12 Laws of the Federal Republic of Nigeria gives him immunity from civil proceedings in respect of what he says or does on the floor of the House.”
Ogunwumiju, in his argument in support of the preliminary objection, told the court that Section 251 (1) of the 1999 Constitution absolved the court of the power to hear and determine the suit, adding also that the suit of Otedola and his company against him was premature.
Counsel for Tambuwal, Mike Ahamba, on his part, asked the court to strike out the name of the speaker, because his person and office was not involved in the complaint of the plaintiffs.
He said the case was not properly constituted, because Tambuwal was not a necessary party and his presence was not necessary, having not being named in the bribery allegation.
Opposing the objections, counsel for Otedola, Babajide Koku, submitted that the defendants were sued in their personal capacities for the intimidation his client got from phone calls before he parted with $620,000 out of $3 million bribe demanded and collected by Farouk.
He further argued that legislative immunity could not be used to defend the allegation of request and receipt of bribe and asked the judge to make the two defendants defend themselves as allowed by law.
The trial judge,Justice Peter Kekemeke, later adjourned till January 30.
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