A Federal Capital Territory High Court postponed Monday’s hearing in a case brought against the former Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, for allegedly abusing his position.
The case was put on hold while Justice Oluyemisi Adelaja ordered that the ex-AGF, Malami, SAN, be served with all necessary court documents so that he could enter his defence in the matter.
He also instructed the court to have a copy of the proof of service of the lawsuit and hearing notice on Malami.
In the lawsuit, Mr. Cecil Osakwe, an international businessman and property developer, is asking for an order compelling the former AGF to pay N1 billion in damages.
In the legal action he brought, the plaintiff claimed that the former AGF used his position to coerce him into giving two units of three-bedroom flats in one of his properties located at Mekong Close, Maitama, Abuja, to a civil servant named Mrs. Asabe Waziri. The plaintiff’s legal team was led by Mr. Victor Giwa.
Osakwe claimed that Malami had forced him to violate an active order of a court with appropriate jurisdiction by giving Mrs. Waziri the property, which was worth about N130 million.
The plaintiff testified before the court that Malami, SAN, while serving as the AGF, intervened in a legal dispute involving Mrs. Waziri’s business and made use of his position to oversee his ongoing harassment by security personnel.
The plaintiff asserted that he filed a lawsuit against Malami in both his official and private capacities, alleging that his fundamental rights had been gravely violated.
He argued that by accusing him of “collecting money under false pretence with a view to ensure that the property was fully handed over to Mrs. Waziri,” who was also named as a defendant in the lawsuit, the AGF acted maliciously and improperly.
The plaintiff claims that Malami took the action despite knowing that the second defendant had initially moved into the subject property and remained there for more than eight months before being forced to leave by a valid court order that ended the parties’ sales agreement.
As a result, in addition to pleading with the court to find that the AGF abused his position, the plaintiff asked the court to order him to pay N1 billion in damages.
Malami, SAN, was not present in court or represented by a lawyer when the case’s proceedings were resumed on Monday.
Concerned by the situation, Mr. Giwa, the plaintiff’s attorney, argued that the former AGF should appear in court and insisted that he was not permitted to use the position, which he held for about eight years, to advance his personal interests.
Insisting that he was aware that the case was scheduled for a hearing, he informed the court that the bailiff had been duly mobilised to serve the proceedings on Malami, SAN.
“My lord, the second Respondent, Malami, is not represented in court, and the claimant is ready to open his case.
“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 interests,” Giwa submitted.
Although the case was scheduled for hearing, Mrs. Waziri’s attorney, Mr. C.J. Abengowe, responded that the matter could not be heard because Malami was not present in court. Malami was listed as the first respondent in the lawsuit.
Justice Adelaja declared that he was prepared to give the ex-AGF another chance to respond to the lawsuit after hearing from the two parties.
Therefore, the court gave the go-ahead for another adjournment of the case.
