A Federal High Court sitting in Lagos, yesterday, re-listed the suit by one, Bashir Junaid, a detainee over the murder of a former governorship candidate of Peoples Democratic Party, PDP, in Lagos, Funsho Williams, in which he is seeking for an order of mandamus to compel the Inspector-General of Police, to re-open investigations into Williams murder.
The case had suffered a setback when it was struck out by the judge on April 29, 2015, for want of diligent prosecution. Dissatisfied with the ruling of the court, Junaid, through his lawyer, Tunji Adesheye, filed a motion seeking to relist the matter.
Arguing the motion, Adesheye informed the court that his client had affected personal service of the concurrent writ of summons on the defendants that are outside the jurisdiction of the court.
Trial judge, Justice Rita Ofili-Ajumogobia, had earlier granted leave to the plaintiff to effect personal service of the concurrent writ of summons in the suit on the Inspector General of Police, IG, by substituted means.
Other defendants affected by the court’s order are the National leader of the All Progressives Congress, APC, Attorney General of the Federation and the Peoples Democratic Party, PDP. However, It was the inability of the plaintiff to serve the defendants as directed by the court that led to the striking out of the suit.
Adesheye then urged the court to grant the motion in the interest of justice, saying that the defendants will not be prejudiced in anyway whatsoever.
However, lawyer to the 1st and 4th defendants, Kingson Uwandu, was opposed to the motion on the ground that the plaintiff was yet to pay the N25,000 fine placed on him by the court when the matter was struck out.
He said it was improper for the plaintiff to seek favour from the court when he had failed to comply with its directive.
When asked by the court on when the order for the payment of the money was made against the plaintiff, Uwandu said he could not remember because he was not with the case file.
The judge eventually granted the plaintiff’s request seeking to relist the matter.
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