Shi’ites: Court adjourns IMN’s suit challenging prescription
DAILY POST had reported that the Federal High Court, Abuja, will on Wednesday, hear the motion filed by the Islamic Movement in Nigeria , asking the court to vacate the exparte order it made on July 26, proscribing its activities in the country. https://dailypost.ng/2019/08/27/hearing-shiites-suit-buhari-govt-begins/
The IMN, in a notice of motion filed on Aug. 2, by its lawyer, Femi Falana, SAN, particularly sought the court to vacate the, ”ex-parte order made on July 26, in Suit No: FHC/ABJ/CS/876/2019 between: AGF vs. IMN proscribing the existence and activities of the group in Nigeria under whatever form, either in groups or as individuals by whatever names they are called or referred to.”
”This honourable court on July 26, pursuant to an ex parte application brought by the IMN made an order, inter alia, proscribing the existence and activities of the group in any part of Nigeria under whatever form, either in groups or as individuals by whatever names they are called or referred to without affording the Respondent/Applicant the right of fair hearing.
”The order ex parte granted by this honourable court has breached the fundamental right of the members of the respondent to freedom of assembly and association guaranteed by Section of the Constitution of the Federal Republic of Nigeria, 1999 as amended. ”No undertaking was made as to damages. The order ex-parte was anchored on misrepresentation of material facts and based on suppression of material facts.
It was described in the gazette as ”Government Notice No. 79,” titled: ”Terrorism Proscription Order Notice, 2019.”
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