A Federal High Court in Abuja has dismissed the N8.1 billion suit filed by Major General Abdulrauf Tijani (retired) against the Lagos State Government and six others over alleged unlawful seizure of his parcel of land.
In a judgment on Wednesday, October 14, 2020, Justice Inyang Ekwo, held that the suit was not only wrongly filed, but it was also defective in nature and content and constituted a gross abuse of the process of the court.
Justice Ekwo further held the fundamental rights enforcement suit, marked: FHC/ABJ/CS/690/2020 violated the provision of Section 63 of the Federal High Court Act, having been instituted against a serving judge of the court, who was merely discharging his judicial duties.
The Judge was of the view the immunity granted a serving judge in the course of judicial functions, was not ambiguous.
He added that when a judge errs in the course of his duties, the appropriate venue to seek remedy was not a law court.
The other respondents in the suit were Nigerian Bar Association, NBA, Justice Ayokunle O. Faji of the Federal High Court in Lagos, former Lagos State Attorney General, Abdulraheem Ade Ipaye, a Senior Advocate of Nigeria (SAN), Kasheem Adeniji, and Governor of Lagos State.
The applicant, though not a lawyer, conducted the case by himself.
He alleged that after a Federal High Court in Lagos entered judgment in his favour in a suit he filed, challenging the unlawful seizure of his property by the Lagos State Government, the judge in alleged connivance with a former AG of the state, took the case file to a Lagos State High Court.
The applicant claimed the Lagos High Court is now sitting on appeal over the judgment of the Federal High Court.
Reacting to the judgment on Wednesday, the ex-army chief said he was not satisfied with the judgment and pledged to appeal.
Source: The Nation
