Shadow Govt: Judge warns parties against contempt, sets July 10 for hearing.
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Justice James Omotosho of the Federal High Court sitting in Abuja has issued a stern warning to a professor of political economy, Pat Utomi, in relation to the suit over his alleged planned shadow government.
The judge warned parties in the matter to desist from acts capable of jeopardizing the result of the suit.
He explained that, according to the law, once parties are aware of the pendency of a suit, they should refrain from taking any further steps capable of rendering the outcome of such suit nugatory.
Justice Omotosho reiterated that there are consequences for any party who engaged in such unlawful conduct, and said he would not hesitate to void any steps taken by any of the parties during the pendency of the case.
The judge made these statements at the resumed hearing in the suit filed by the Department of State Services, DSS, against Utomi, who is the sole defendant.
The warning followed a complaint by the counsel for the DSS, Akinlolu Kehinde, SAN, who sought an order for the maintenance of the status quo because there had been new developments since the suit was filed.
Though counsel for the defendant, Mike Ozekhome, SAN, opposed Kehinde’s request for an order, the judge said such an order was unnecessary since the parties were all aware of the pendency of the suit.
Justice Omotosho, who said he would not grant any interlocutory restraining orders, ordered accelerated hearing and elected to hear the main suit together with the preliminary objection raised by the defendant.
He told the parties that he had extended invitations to seven senior lawyers, drawn from the six geo-political zones, to act as amici curiae, to furnish the court with their legal opinions on the case.
According to the judge, his decision to seek opinions from seasoned law experts was because of the nature of the suit, in respect of which there were no known previous decisions.
He identified those invited to include a former President of the Nigerian Bar Association, NBA, Joseph Daudu, SAN, Professor Ademola Popoola of the Obafemi Awolowo University, and the Vice Chancellor of the Imo State University , IMSU, Professor Uchefula Ugonna Chukwumaeze.
Others are Professor Dakas C. J. Dakas (SAN), a former Dean of the Faculty of Law, University of Jos; Joe Kyari Gadzama, SAN, Mrs Miannaya Essien, SAN, and a former president of the NBA, Yabubu Maikyau, SAN.
According to him, lawyers to the parties would be served with the opinions of the friends of the court, to enable them to react.
Justice Omotosho subsequently adjourned the case to July 10 for hearing of the substantive suit and the preliminary objection.
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