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A Legal Practitioner, Moses Oddiri, has dragged the principal of Redeemers International Secondary School, 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.
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.
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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 him with the confiscation of the documents.
The vacation Judge, Justice Ganiyu Safari, who heard the case, adjourned the matter to 25th 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.
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