Banire, through his lawyer, Lanre Abegunrin, said the suit not only failed to disclose any reasonable cause of action against him, it also joined his name wrongfully.
He therefore urged the trial judge, Justice Rita Ofili-Ajumogobia, to either dismiss the suit in its entirely or strike out his name as a defendant.
Seeking similar reliefs was a former Inspector-General of Police, Mr. Sunday Ehindero, who was joined as a defendant.
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Ehindero, through his lawyer, E.O. Tela, challenged the jurisdiction of the court to entertain the case.
The suit was filed by a cemetery attendant, Junaid Bashir, who was arrested and detained by the police during preliminary investigation into Funsho Williams’ murder.
Junaid is seeking N5bn as damages for his arrest and detention as well as an order of mandamus compelling the Inspector General of Police to conduct a fresh investigation into the murder in order to generate a fresh trial.
Arguing the preliminary objection in court on Tuesday, Abegunrin, said the suit was filed in breach of due process of the court and should be dismissed.
He added, “The instant action was not initiated by due process of law and disclosed no reasonable cause of action against the eight defendant.
“We urge the court to dismiss the suit as it is frivolous, baseless and a waste of the court’s time.”
On his own part. Tela said the suit had disclosed no reasonable cause of action against Ehindero, urging the court to either dismiss the suit or strike Ehindero’s name out as a defendant.
“The suit is vexatious and academic. We urge the court to dismiss it or strike it out, or in the alternative strike out the third defendant’s name,” Tela said.
But the plaintiff’s lawyer, Tunji Adesheye, urged the court to discountenance the preliminary objections filed by Banire and Ehindero.
He described the defendants’ papers as incompetent, saying they did not comply with the rules of the court.
Williams, who was strangled to death in his Dolphin Estate residence, in Ikoyi, Lagos, on July 27, 2006, was a governorship aspirant on the platform of the Peoples Democratic Party.
Junaid, in his 48-рaragraph ѕtаtеmеnt of сlаims, alleged that the police disregarded his freely-made statement, which could have assisted them to know who killed Williams.
He claimed that the concrete evidence that he tendered was discarded by the Federal Central Invеѕtigаtiоnѕ Dераrtmеnt, Alagbon, Lagos.
Junaid accused a former Governor of Lagos State, Bola Tinubu, who was also joined as a defendant in the suit, of using his influence to exonerate himself from William’s murder.
He accused the police of compromise by allegedly allowing Banire, to change his statement after he had been cautioned.
PUNCUNG
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