The Socio-Economic Rights and Accountability Project (SERAP) has called on the Federal High Court to dismiss a suit filed on behalf of former first lady, Patience Jonathan by a group, Union of Niger Delta Youth Organization for Equity, Justice and Good Governance.
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 an aid to her husband.
However, in a preliminary objection filed by SERAP, the organisation is asking Justice Mojisola Olatoregun to throw the case 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.”
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.
