11. An Order directing the Respondent to issue a formal apology to the
Applicant which should be published in 3 national languages namely. The
Guardian, The Nation and the Punch also in the 3 televisions stations; The
Channels, NTA and AIT.
15. Preliminary objection of the Respondent.
The Respondent ahead of its defence, filed a Preliminary Objection to the effect
that:
a) The Court lacks the jurisdiction to entertain the suit same not a subject matter
within the contemplation of Article 9 of the Supplementary Protocol
A/SP.1/01/05 same being tortuous in nature.
b) The Court not being an appellate Court is precluded from making any
pronouncement on the decision of the tribunal.
c) There is no reasonable cause of action disclosed against the Respondent.
16. The Applicant’s response to the Preliminary Objection
The applicant refuted all the grounds of objection and maintained that Article 9
of the Supplementary Protocol 2005empowers the Court to hear the application
further reiterates that the irregular composition of the Committee violates his right
to fair hearing.
17. Statement of Defence of the Respondent.
The Applicant having been granted leave to amend his initiating application,
leave was also granted the Respondent to amend their defence. The facts and
reliefs narrated hereunder reflects the amended defence upon which the Court
will make its pronouncement.
18. In its statement of Defence of 14th August, 2018, the Respondent denied the
Applicants claim in its entirety and puts the Applicant to the strictest proof
thereof. The Defendant avers that the Applicant was not denied fair hearing as he
accepted he was served the said petition and given time to respond and indeed he
appeared before the committee with of his counsel from the legal firm of
Adegboyega Awomolo (SAN);
19. With regards to the composition of the committee, the Responded asserted
that contrary to the allegation of the Applicant that the panel was composed of 2
judges and a secretary, the committee was a 4 person panel made of 3 Judges and
a secretary. In supporting this averment, they submitted the report of the
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