Court fixes Oct 17 for Malami’s trial over alleged abuse while AGF
By Jeph Ajobaju, Chief Copy Editor
An Abuja High Court has adjourned until October 17 hearing in a case of alleged abuse of office instituted against former federal Attorney General and Justice Minister Abubakar Malami, SAN.
Judge Oluyemisi Adelaja adjourned the case for definite hearing and directed the service of court papers on Malami to enable him enter his defence.
The Judge also directed that a proof of service and hearing notice on Malami should be made available to the court.
The suit is seeking an order to compel Malami to pay N1 billion as damages to Cecil Osakwe, a businessman and property developer.
Osakwe, in the lawsuit he instituted through his team of lawyers led by Victor Giwa, told the court that while in office, Malami:
- Arm-twisted him to give out two units of three-bedroom flats in his property situated at Mekong Close, Maitama, Abuja to a civil servant, Asabe Waziri.
- Forced him to hand the property worth about N130 million to Waziri against a subsisting order of a court of competent jurisdiction.
- Intervened in a civil dispute his firm had with Waziri and used his position to supervise his continuous harassment by security operatives.
- Violated his fundamental rights, which made him (Osakwe) to sue him both in his official and personal capacity.
- Acted with malice and abused his office by raising a charge of “collecting money under false pretense’’ against him (Osakwe) to ensure the property was fully handed over to Waziri, the first respondent in the suit.
- Took the action even though he was aware Waziri had initially moved into the property and stayed there for over eight months before she was vacated from it by a court order that terminated the sales transaction between both parties.
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Malami not present or represented in court
Osakwe implored the court to declare that Malami engaged in abuse of public office and to order him to pay N1 billion as damages, per Vanguard.
But Malami was neither present in court not represented by a lawyer at the resumed hearing on July 10.
Osakwe’s counsel Giwa argued that Malami ought to be in court because he could not use the public office he occupied for eight years to pursue his personal interest.
He told the court the bailiff was duly mobilised to serve the processes on Malami and the respondent was aware the matter was slated for hearing on July 10.
“My lord, the second respondent, Malami, is not represented in court and the claimant is ready to open his case,” Giwa said.
“We mobilised the bailiff to serve all the respondents in this matter. This case is very important to the claimant. With this case, we need to send a message to public officers that they cannot use their office to pursue personal interest.”
Waziri’s lawyer C.J. Abengowe noted the case was fixed for hearing but it should not be heard since Malami was not present or represented in court.
The Judge said he was minded to grant Malami another opportunity to respond to the suit and adjourned the hearing until October 17.