By
Wale Odunsi :
A legal practitioner,
Moses Oddiri, has dragged the principal of Redeemers International Secondary
School, Mrs. Feyisara Osinupebi, Pastor Ben Akabueze, General Overseer of
Redeemed Christian Church of God (RCCG), Enoch Adeboye, the British Council and
Cambridge IGCSE before a Lagos High Court sitting in Ikeja.
He is challenging the
refusal of the defendants to release the certificates of his son, Andre Oddiri.
In an originating
summons, Oddiri said the decision to withhold his son’s 2016 Cambridge
I.G.C.S.E result, the updated transcript from Junior Secondary School 1 to
Senior Secondary School 3, his testimonial/statement and the 2017 WAEC result
over alleged non-payment of third term school fees, was dubious.
On July 12 2017, Justice
Oke-Lawal, ordered that the documents in the custody of the 1st and 2nd
respondents be deposited with the chief registrar of the court for preservation
pending the outcome and determination of the motion on notice for the
enforcement of the fundamental rights of the applicants. Thisday reports.
However, the respondents
are yet to comply with the order following which the applicants sought the
court’s permission to begin contempt proceedings against them with the issuance
of forms 48 and 49.
The respondents through
their lawyer, Emeka Etiaba (SAN), challenged the jurisdiction of the court to
hear the suit.
In a motion challenging
the competence of the action, Etiaba contended that the suit was not properly
constituted, the reliefs sought went beyond the realms of fundamental rights
enforcements.
On Wednesday, the court
took arguments on which application should take precedence in a fundamental
rights suit between a contempt proceeding and one challenging the jurisdiction
of the court to hear the fundamental rights application.
Oddiri, appearing in
person, contended that the suit, initiated by motion on notice and not
originating summons, was properly constituted.
He also said the reliefs
sought, which he said bordered on the release of the confiscated school
documents breaches Article 17, of the African Charter on Human and Peoples
Rights, the Child Rights Law of Lagos State and sections 36 and 34 of the 1999
Constitution.
He also argued that the
General Overseer, Adeboye is a necessary party and has submitted himself to the
jurisdiction of the court with an affidavit deposed to on his behalf and
consent aligning himself with the confiscation of the documents.
The vacation judge,
Justice Ganiyu Safari who heard the case, adjourned the matter to 25th of
August 2017 to rule on which application should be heard first, between
committing the respondents to prison for contempt or the application
challenging the jurisdiction of the court to hear the matter.