Sunday, March 8, 2015

Update On Court Case Between Tinubu Vs AIT – Court Grants Tinubu Accelerated Hearing

In a motion Exparte filed before an Ikeja High Court on
Friday March 6th 2015, the court granted an accelerated
hearing for motion on notice in the case of defamatory
and libelous documentary aired on DAAR
Communications, AIT.
The granted accelerated hearing comes up on Monday
March 16, 2015.
The exparte motion brought before Ikeja High Court –
sought an order of interim injunction restraining the
respondent, AIT whether by itself, agents, privies and or
other persons from producing or continuing to
broadcast, airing, or continuing to reproduce any
defamatory documentary against the applicant which
AIT started to broadcast on Sunday 1st of march , 2015
and has been repeating on a daily basis since then,
Pending the airing and determination of the motion on
notice for interlocutory injunction dated 5th
March ,2015 filed in this suit.
The motion further noted as a fact that damages would
not adequately compensate applicant/claimant if this ex-
parte order is not granted.
It prayed that the res of this suit may be extinguished if
the ex-parte order is not granted.
That there is real, imminent and urgent threat and
danger of continuing to decimate the person and
integrity of the applicant by the respondent by
continuing to air the offensive broadcast if the ex-parte
motion is not granted.
That unless this application is granted, the defendant
will not relent or suspend the broadcast of the said
libelous documentary and that it is in the interest of
justice to grant this application.
The legal effect of the filing and notification of the
pendency of a law suit under the legal doctrine of lis
pendens is that all parties should exercise extreme
caution particularly restraint in continuing with the act
complained of.
This is the minimal requirement of any law abiding
citizen.
This duty also extends to other members of the society
who are expected to refrain from aggravating the
damage complained of or in any way contributing to the
quantum of damage.
It takes on a more compelling dimension in this
instance where the claimant has applied for injunctive
restraining orders against the material complained
against.
The contrary can hardly be argued against the fact that
affront to the judicial institution attracts criminal
implications.
The Tinubu legal team is led by Chief Wole Olanipekun,
SAN. Dr. Tunji Abayomi is also part of the legal team.
Sunday Dare
Media Adviser To Fmr. Governor Bola Tinubu

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