THE Mobile Advert/Loading and Offloading Agency of Nigeria, MOAN/LOLAN, weekend, asked a Kwara State High Court, in Ilorin, to strike out the suit filed by some of its former members.

In a notice of preliminary objection filed pursuant to Section 6 (6) of the 1999 Constitution and Order 2 Rule 9 of the Kwara State High Court (Civil Procedures) Rules 2005, counsel to the defendants, Falana and Falana Chambers, asked Justice S. Daibu for an order striking out and dismissing the suit “for want of jurisdiction.”

The defendants in the suit, filed by Mr. Gan Adewunmi and others, are MOAN, its President, Otunba Mike Eboziegbe, and Vice President, Chief Richard Ibeto.

Falana, in the notice filed by a senior counsel in his chambers, Dr. Ifeanyi Maduabuchi, said the plaintiffs failed to comply with Section 97 of the Sheriff and Civil Procedure Process Act 2004 and Order, Rule 9 of the rules of the court, which requires that every writ of summons for service from one state to another must bear specific statutory endorsement.

He said: “The course of action arose in Lagos and MOAN/LOLAN, Otunba Mike Eboziegbe and Chief Richard Ibeto are based in Lagos.”

He added that section 251 (I) (e) of the Constitution of Federal Republic of Nigeria 1990 stipulates that the Federal High Court has exclusive jurisdiction to entertain all matters relating to incorporated bodies under the Companies and Allied Matters Act.

The objection was supported by a six paragraph affidavit deposed to by Kayode Ogunmefun of the Falana and Falana Chambers.

Although the court granted the plaintiffs an exparte order of interim injunction on September 13, 2011, restraining the defendants, the defendants said in their notice of preliminary objection that by “the exparte order of interim injunction granted has since abated, which means died away, became less strong and active and should be set aside after seven days when the order was made”.