Braithwaite, Others Vow To Re-File SuitFOR what he termed non-compliance with the provisions of sections 97 and 98 of the Sherriff and Civil Procedures Rules, Justice Mohammed Idris yesterday struck out a suit filed by octogenarian, Pa Tunji Gomezand five others seeking the reversal of the award of the rank of the Senior Advocates of Nigeria, (SAN) to some legal practitioners by the immediate past Chief Justice of Nigeria (CJN), Justice Aloysius Iyorgyer Katsina-Alu.The judge in his ruling on a preliminary objection filed by the fourth defendant in the suit, observed that the plaintiffs' non-compliance with the provisions of the Sherriff and Civil Procedures Rules regarding signing of the writ of summons as well as the service of court processeson the Attorney General in Abuja, which is out of jurisdiction without the endorsement of the registrar even when the address on the summons stated Lagos, rendered the suit incompetent.The judge noted that although it is the duty of the court registrar to ensure that service outside jurisdiction as so marked,counsel, he said, also has a duty to ensure that the rules are complied with in order not to waste the court's time.Justice Idris, who also awarded N5,000 cost against the plaintiffs, said non-compliance with the relevant provision strips the court of the jurisdiction to entertain the suit, no matter how beautiful the case may be.The judge, who he said struck out the suitfor being an abuse of process and cancerously defective, however said the plaintiffs don't need the leave of the court to serve the writ of summons as it was under the concurrent list.Reacting to the ruling, counsel to the plaintiffs and elder statesman, Dr. Tunji Braithwaite said the judge made some errors in the judgment by confusing the writ with the exhibits attachedto the second suit. He said they would rather re-file the suit than appeal against the decision.In the suit, Gomez andsome lawyers under the aegis of the Movement for the Abolition of the Rank of the Senior Advocates of Nigeria, are seeking reversal of the recent award of SAN to some legal practitioners in Nigeria.The reversal, they stated, became imperative to protect the authority of the court before which the case is pending.Apart from Pa Gomez, the other plaintiffs are Mr. Foluso Fayokun, Mr. Seth Amaefule, Mr. Peter Okoye and Chief Andrew Otokhina.They had during the hearing of the suit filed a motion before the court seeking an order to stop the swearing-in of 30 newly appointed SANs.In the motion dated July 10, the plaintiffs had urged the court to bar the former CJN, Justice Aloysius Katsina-Alu, the President of the Nigerian Bar Association (NBA), Joseph Daudu (SAN) and the Attorney- General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN), from taking any further steps pursuant to swearing-in of the 30 newly announced SANs pending the hearing and determination of the pending suits.Other respondents in the suits against whom the applicants are also seeking order of restraint are the Legal Practitioners Privileges Committee (LPPC), the Secretary General of the NBA, Mr. Olumuyiwa Akinboro and the Registered Trustees of the NBA.But the defendants represented by Dele Adesina (SAN) law firm had in while arguing their preliminary objection urged the court to dismiss the suit on the ground that it was an abuse of court process.They argued that the writ of summons was not endorsed by the plaintiffs, as stated by section 97 and 98 of the Sherriff and Civil procedure Rules.The defendants also contended that the suit is a mere academic exercise astheact has since been completed with the swearing in of the new SANs.But Braithwaite on behalf of the plaintiffs urged the court to discountenance the objection of the defendants, describing it as a mere weak technicality that hasno place in doing justice on the matter.
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