BY: IHEANACHO COLLINS
The former governor of Osun State, Prince Olagunsoye Oyinlola, seeking an order of mandamus compelling the Attorney-General of the Federation (AGF) to institute criminal proceedings against MTN directors. The suit, instituted at the Federal High Court sitting in Abuja, was stalled as a result of the absence of the AGF, who is the first defendant in the suit.
Oyinlola had, through his counsel, Adebisi Raimi, brought the suit pursuant to Order 34 Rules 1(1 and 3) of the Federal High Court (Civil Procedure) rules 2009, Section 174 (1) (2) and (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
At the resumed hearing of the suit on Friday, no counsel was in court to represent the office of the AGF; this prompted the court to adjourn the matter till January 16, but ordered that a fresh sitting notice be served on the AGF.
The court, however, noted that with or without the appearance of the AGF on the next adjourned date, it would go ahead with the matter, as the first defendant had exhausted his statutory time to file and appear before it.
It will be recalled that hearing in the matter was first stalled earlier in the month, due to the absence of MTN, which was yet to be served at that time.
At the resumed hearing on Friday, MTN was represented by one Mr. Femi Adegboyega, while the AGF was not represented in court. It will also be recalled that Oyinlola had petitioned an official of the MTN, Rotimi Odusola, over alleged perjury.
In a petition addressed to the Inspector General of Police, Oyinlola alleged that Odusola consciously and deliberately misled the National Judicial Council when he appeared before its special investigative panel to testify, by denying the release from his department, calls data records which spanned a period of five months.