NGO fighting for Patience Jonathan’s right not registered – SERAP

7 years ago

NGO fighting for Patience Jonathan’s right not registered – SERAP

The Non-Governmental Organisation(NGO), known as Union of Niger Delta Youth Organization for Equity, Justice and Good Governance, the surrogate fighter for Mrs Patience Jonathan, is unregistered and ‘unknown in law’.

Socio-Economic Rights and Accountability Project (SERAP), which the group has sued on behalf of its principal, made the startling disclosure in its preliminary objection to the suit.

SERAP has thus asked the Federal High Court to “dismiss her suit with substantial cost.”

Mrs Jonathan and her group Union of Niger Delta Youth Organization for Equity, Justice and Good Governance had accused SERAP in suit number FHC/L/CS/1349/2016 dated 6 October 2016 of “using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole $15m and ought to be prosecuted.”

But SERAP in a preliminary objection dated 27 October 2016 and signed by its executive director Adetokunbo Mumuni stated that, “Patience Jonathan’s claims cannot be maintained because they are brought on her behalf by a group that is unknown to law. 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.”

When the case came up for hearing before Justice C.M.A Olatoregun on Friday 28 October 2016 SERAP was represented by its lawyer Babatunde Ogala, former Chairman of the Lagos State House of Assembly’s Committee on Judiciary.

SERAP’s preliminary objections read in part: “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. Originating Summons is absolutely inappropriate to commence an action where the facts are in dispute. It is evident from the processes filed by Mrs Jonathan and her group that this suit will definitely be disputed by SERAP.”

“No stamp and/or seal of the solicitors to Mrs Jonathan and her group is fixed to the Originating Summons and as such is incompetent and not cognizable by the court. A document filed shall be deemed not properly signed or filed if it has no fixing of the seal and stamp, and the court cannot consider such document.”

The Union of Niger Delta Youth Organization for Equity, Justice and Good Governance sued SERAP on 6th October 2016 before the Federal High Court in Lagos.