Thursday 25 October 2012

Bakassi indigenes go to court.


They took their plight to the appellate court after Justice Gabriel Kolawole relied on technicalities and dismissed their legal action.
In a ruling he delivered, yesterday, Kolawole maintained that the plaintiffs failed to attach an affidavit to support the reliefs they sought against the Federal Government, noting that after a careful perusal of the processes before the court, he discovered that Bakassi indigenes only adduced a verifying affidavit.
The presiding judge placed reliance on the decided case-law in Agbakoba Vs SSS, to insist that the inability of the plaintiffs to file the requisite affidavit in line with the rules of the court, rendered their suit incompetent.
The judge said: “A verifying affidavit cannot be substituted for the primary affidavit upon which every other application rests. Verifying affidavit is only meant to support the main affidavit. Therefore, in the absence of the requisite affidavit, this suit is ex-facie incompetent and is doomed to be struck out.”
Besides,Kolawole said the court

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