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Court dismisses preliminary objection against ASSCS president

By Sodiq Omolaoye, Abuja
02 February 2022   |   3:15 am
The Federal Capital Territory (FCT) High Court, Apo Division, yesterday, dismissed the preliminary objection challenging suit filed by the president, Association of Senior Civil Servants of Nigeria (ASSCS), Innocent Bola-Audu.

The Federal Capital Territory (FCT) High Court, Apo Division, yesterday, dismissed the preliminary objection challenging suit filed by the president, Association of Senior Civil Servants of Nigeria (ASSCS), Innocent Bola-Audu.

He had dragged the association to court for breaching his fundamental right to hearing when he was removed from office in absentia.

Bola-Audu, who was elected as ASSCS boss in July 2020, was unseated last year over trafficking allegations.

He was arrested and detained by operatives of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) for allegedly exploiting the vulnerable.

Subsequently, ASSCS president approached the court challenging his removal.

The defendants had challenged the jurisdiction of the court, stating that they were not served any process by the plaintiff in the matter, and as such, urged the court to dismiss the suit.

In his ruling, Justice Angulu Musa told the defendants that there was evidence before the court that they were served on march 16, 2021, and therefore, dismissed the preliminary objection challenging the jurisdiction of the court, citing Section 6(b) of the 1999 Constitution (as amended), which points to the right of citizens to approach the court on issues affecting their fundamental rights.

The judge also cited Section 36 of the Constitution which gives Bola-Audu the right to fair hearing.

The court, therefore, dismissed the preliminary objection and adjourned to April 4, 2022 for hearing.

Other defendants in the suit are Alade Lawal, the secretary of the association and Tommy Etim, the substantive national president of the union, as the second and third defendants.

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