An Abuja High Court has reserved ruling on the application for the order of mandamus for the Attorney General of the Federation to prosecute the suspended President of the Court of Appeal Hon Justice Isa Salami till Wednesday . The day s proceeding commenced on a surprise note as Salamis counsel Akin Olujimi SAN made a surprise u- turn and withdrew his Application to be joined in the case as the 2nd respondent citing a re -assessment of their
case.Oni’s counsel said he had no objection even though he had prepared and served a counter affidavit opposing the joinder application Justice Peter Affen struck out the application for joinder.also the court refused an attempt by Oni ‘s counsel Olusegun Ilori to seek leave to amend the grounds for his application which according to him was to bring in new facts to assist the court in it’s decision citing Order 42 (6) 2. The court said it was ready to move on with the case with the motion already moved by the Applicants counsel.Moving the motion, Olusegun Ilori said the order was being sought to compel the AGF to perform his constitutionally assigned duty in S174 of the Constitution to initiate criminal proceedings against Justice Salami who was adjudged to have given false evidence on oath in two affidavits attached as exhibit.
He said as one of those who appeared as petitioner and witness before the panel, the Applicant was interested in the outcome of the Umaru Abdullahi panel and the NJC’s finding.He said since the panel found Salami to have given false evidence on oath, he was as a responsible Nigerian citizen interested in the prosecution of a suspected offender as identified by the highest judicial administering body.Ilori said the Applicant wanted to ensure that the outcome of the panel investigation funded from public funds is not swept under the
carpet asking the court not to narrowly construe the issue of interest of the Applicant in the light of established authorities. He referred to cases of Fawehinmi vs Akilu,and Fawehinmi vs President of Federal republic of Nigeria. He said the court could also examine the exercise of discretion by the AGF
.On whether Oni could be granted fiat to Prosecute Salami ,the counsel reffered to s227 of the Criminal Procedure Code applicable in Fct which gave authority to any person to initiate criminal prosecution if authorised by the AG.he said the application does not seek to sentence Salami but to initiate criminal proceeding for the alleged offense.The AGF was not represented at the proceeding. justice Affen reserved ruling till March 21.
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