(Document N° 4) and deeming same as having been properly filed and
served. She also filed the said Preliminary Objection (Document N° 5) and
a Statement of Defense (Document N° 6). At the hearing of the suit on the
15th day of March 2016, the Motion of the Defendant seeking the
extension of time was moved and granted by the Court, not having been
opposed by the Applicant. The Applicant also withdrew the Motion for
Judgment in Default in view of the development stated above. The Court
then proceeded to hear the Defendant’s Preliminary Objection.
The Defendant brought this Preliminary Objection pursuant to Article 9 of
the Supplementary Protocol of 2005 on this Court and also according to
him, under Articles 6 and 133 of the Criminal Procedure Code, S. 6(b) of
the Constitution of the Federal Republic of Nigeria and Order 35 of the
Federal High Court Civil Procedure Rules 2013, as amended as well as
under the Court’s inherent jurisdiction.
The Defendant contends that the action by the Applicant was initiated
without regard to due process, the reliefs sought by the Applicant were
predicated on contempt Order of Nigeria’s Municipal Court and as such
stripped this Court of Jurisdiction to try this Application due to the
pendency of the main cases before the Nigerian Municipal Court.
More specifically, the Defendant stated that;
14