LASUSU High Court Struck Out Case; Claimant To Refile

By Aremu Ajoke and Abdulsemiu Monsuroh

The chief judge of the Lagos State University Student Union High Court, Justice Daniel Akinyami kicked out the case between Atiku Semiu and Liadi AbdulAzeez at the Otunba Ajayi Okunnuga Moot Court, Lagos State University, Ojo, Campus on Thursday,10th of February, 2022.

The case was brought before the LASUSU high court on the 4th of January 2022 by Semiu Timilehin, a member of the FASA SRC representing the Philosophy constituency who claimed to have been impeached illegally on the 8th of November 2021 by Liadi AbdulAzeed . 

 The Counsel to the Claimant, F.C Nwaikw claimed before the court that the claimant was robbed of his office from the house of an honourable member of the faculty of art. He declared that the action of the defendant amounted to a clear violation of human freedom of expression, that the impeachment did not follow the provision of the constitution.

The claimant further claimed that Semiu Timilehin post on WhatsApp on the 6th of November 2021 does not violate any law as considered by the defendant as the speaker of the house. The defendant on the 6th of Nov 2021 requested an apology from the Claimant for his public post on his WhatsApp platform such request lacks legal backing which was not communicated to the Claimant directly. He further claimed that the defendant does not have the constitutional right to impeach an honourable member of the house by virtue of the LASUSU constitution, Faculty constitution, standing order of the court, Faculty SRC and the constitution of the federal republic of Nigeria. Therefore the conduct to impeach the claimant amount to the violation of the constitution

The Counsel to the defendant, S. O Akagba stated before the court that Liadi Abdulazeez entered a memorandum of appearance on the 1st of February, 2022 and filed a notice of preliminary objection on the 2nd of February,2022 on the sole ground that there's no case before the court as the supposed defendant has nothing to do with the case in his capacity and sought the dismissal of the suit. 

Having heard the argument of both parties, Justice Daniel Akinyami, noted that the preliminary objection filed by the counsel to the defendant is not following the 4 methods by which a preliminary objection can be filed hence the court is left with no option but to discontinue such preliminary objection.

Also, the counsel to the claimant failed to raise an application to change the name from the individual capacity of the defendant to his official capacity. The case was thereby struck out of court for these reasons.

In an interview with the claimant, he noted that the case was only struck out of court and can be refiled. "I would consult my lawyers and refile the case," he said.

As at the time of filing this report, all efforts to speak with the defendant turned out futile as he refused to grant an interview.