The lawyers to the Peoples Democratic Party (PDP) presidential candidate in the 2023 presidential election, Atiku Abubakar have urged the Code of Conduct Bureau (CCB) to drop its investigation of the petition against their client by the Minister of State for Labour and Employment, Festus Keyamo.
In a letter dated April 7, 2023 addressed to the bureau, the chief counsel, Prof Mike Ozekhome argued that the matter is sub judice as Keyamo had filed the same matter at the Federal High Court in Abuja.
He said it is “highly inappropriate” for a party to a suit to take any extra-judicial steps, or to embark on any course of action that is either tantamount to or calculated to undermine the authority and integrity of the court.
According to Ozekhome, such a behaviour is condemnable as it has the potential of over-reaching the court.
“Upon being served with the originating process in the said suit, our client – through us – promptly responded by filing a Statement of Defence as well as a Preliminary Objection thereto,” the letter read.
“Copies of both processes are herewith attached for your perusal and guidance; In other words, issues have been duly joined in the matter between the Plaintiff and our client. Accordingly, the matter is now sub judice.
“You will therefore appreciate our surprise to read in the media that Mr. Keyamo has reportedly responded to the invitation of your esteemed Bureau purportedly to shed more light on his complaints to the Bureau, which far preceded and formed the very basis of his pending suit, as aforesaid.
“Our reasons are obvious: it is highly inappropriate for a party to a suit to take any extra-judicial steps, or to embark on any course of action that is either tantamount to, or calculated to undermine the authority and integrity of the court, which is dominus litis over the proceedings.
“Such behavior is as condemnable as it is unacceptable. It is strongly frowned upon, by courts of law, as it has the potential of over-reaching the court, the other party (our client) and foisting or the court, a fait accompli. In fact, it smacks of contempt of court, albeit ex facie curiae.”
He therefore urged the bureau to refrain from interfering in the subject matter of Keyamo’s petition and to advise and direct him to pursue his pending litigation against Atiku to its logical conclusion.
