A Federal High Court in Lagos will deliver judgment on February 2 in a suit filed by Senator Stella Oduah, seeking to stop her prosecution over the two armoured BMW cars purchased for N255 million during her tenure as Minister for Aviation in 2013.
The suit which was initially fixed for judgment by Justice Okon Abang, could not proceed on Monday due to the absence of the judge.
A new judge has taken over the case and has fixed February 2 for judgment.
Oduah obtained an order of preliminary injunction from Justice Mohammed Yunusa of the same court on August 26, 2015, restraining the defendants from taking any action against her pending the final determination of the suit.
In the suit, she asked the court to stop the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), the Attorney General of the Federation (AGF)and the Inspector General of Police (IGP) from arresting or prosecuting her over the allegations.
She claimed that the ruling All Progressives Congress (APC) government has perfected a plot to use the judiciary to publicly humiliate her under the guise of fighting graft.
However, the AGF and the IGP had subsequently filed a preliminary objection, contending that Oduah failed to establish any cause of action against them, having been unable to prove that she had been invited, arrested or detained by the AGF and the IGP.
They also challenged the territorial jurisdiction of the Lagos Division of the Federal High Court to hear Oduah’s suit on the grounds that the alleged rights violation did not take place in Lagos.
According to their lawyer, Tijani Gazali, by virtue of Section 46(1) of the Constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure, only a court within the state where Oduah’s rights were violated could hear the case.
-Leadership