The Abuja High Court hearing the suit filed by billionaire businessman, Femi Otedola and his company, Zenon Petroleum and Gas Company lacks the jurisdiction to entertain it, under-fire former chairman of the Federal House of Representatives Ad-Hoc Committee on Fuel Subsidy, Hon. Farouk Lawan has said.
In a preliminary objection filed by his counsel, Kehinde Ogunwumiju, Lawan also asked the court to throw out the suit based on his immunity from civil
proceedings in respect of his utterances on the floor of the House of
Representatives, according to Section 3 of the Legislative Houses Powers and Privileges Act Cap L 12 Laws of the Federal Republic of Nigeria.
In his argument, Ogunwumiju reminded the court that Section 251 (1) of the 1999 Constitution absolves the court of the power to hear and determine the suit. He argued, also, that the suit filed by Otedola and his company is premature.
“The law says that when an ad-hoc committee’s report is set and a report is submitted, no cause of action arises from the report until a white paper report is out or until the House has adopted the resolution of that report,” he said.
“Farouk Lawan’s committee only submitted its report to the House; and at that stage, no cause of action can arise. Otedola gave him money to lure him into compromising, and that there was thought of intimidation and harassment as alleged by the Plaintiff.”
Making his own submission through his counsel, Chief Mike Ahamba (SAN), Speaker of the House, Hon. Aminu Waziri Tambuwal told the court that he could not be joined in the suit because all the issues raised in the plaintiff’s statement of claim do not relate to the office of the speaker or the speaker himself, in any way.
“Tanbuwal is not a necessary party in this suit; and as such, his presence is not required,” Ahamba said.
Urging the court to dismiss the preliminary objections of the defendants, Otedola’s counsel, Babajide Koku (SAN), argued that although the Legislative Houses Powers and Privileges Act confers immunity on parliamentarians for words spoken on the floor of the House, what is before the court is different, as it involves phone calls from Farouk to the plaintiff demanding gratification and bribe.
“Farouk demanded $3 million and you forced us to pay $620 million; [that] is intimidation. Whether they collected the money in part or in full, [it] cannot absolve them to say we cannot institute an action,” Koku said, imploring the court to dismiss the objection.
He added that Tambuwal is a party to the intimidation and that makes him a necessary party in the suit. He further said that where an issue of jurisdiction is raised, it has to be determined first. Thus, the plaintiff is entitled to amend his suit to address the issue of the two defendants who are struck out of the suit.
The trial judge, Justice Peter Kekemeke adjourned ruling on the preliminary objections of the defendants to 30th January 2013.
Otedola is in court to claim N250bn as compensation from Lawan and Speaker of the House of Representatives for the damages he suffered as a result of the scandal.
Otedola, in a 28-paragraph statement of claim said Lawan had informed him that his company would be indicted for purchasing foreign exchange from Central Bank of Nigeria (CBN) without importing fuel; and that in spite of his explanations, Farouk Lawan allegedly demanded $3m bribe to enable his company, Zenon Oil and Gas Limited, get a clean bill of health.
Otedola further stated that he became distressed by Lawan’s persistent phone calls, threatening that his company would be included in the list of indicted oil importers unless he paid the $3m. He reported the unlawful demands to security agencies who told him to play along by giving marked notes to Lawan.
