b. An order granting leave to the Applicants to file and introduce additional
evidence on behalf of the 4th Defendant and the expected 5th Defendant, and
thus an order amending Paragraphs 4 of the Originating Applications to reflect
the amendments, if granted. The Court allowed the Applicants to move their
application, which was opposed by the Defendant’s on the grounds that the
accompanying affidavit did not comply with the Evidence Act of Nigeria. In
its ruling, the Court granted application to join Lamin Fatty as the 5 th
Applicants as the Defendant could not satisfy the Court that it will suffer any
prejudice on the account of the Application being granted. The Applicants
also sought to withdraw their application for accelerated hearing which was
accordingly struck out.
Similarly, Amnesty International, the Canadian Journalist for Freedom of
Expression, Committee to protect Journalists, Freedom House, Pen
International, Reporters without Borders and Right to know campaign South
Africa, brought an application pursuant to inherent jurisdiction of the Court
and 89 of the Rules of this Court, seeking to join the suit as interveners/ Amici
Curiae. The Defendant did not oppose the application. The Court granted the
amicus Curae thirty days to file a consolidated brief instead of the forty five
days they had asked for.
The issues having been joined the Court proceeded to hear Defendants
Preliminary Objection.
8