By Innocent Anaba & Batholomew Madukwe
A Lagos High Court has adjourned till June 26 to rule on whether it has jurisdiction to hear a suit by Chief Ajibola Aribisala, who was recently suspended from using the rank of Senior Advocate of Nigeria, SAN.
Trial judge, Justice Oludotun Adefope-Okojie, is also expected to rule on Aribisala’s preliminary application, asking for an injunction, restraining the Legal Practitioners Privileges Committee, LPPC, from stripping him of the rank of SAN.
The court fixed the date for ruling after hearing arguments from parties.
On the preliminary objection by Fidelity Bank, challenging the jurisdiction of the court to entertain the suit, its counsel urged the court to decline jurisdiction on three grounds.
The bank argued that LPPC being a Federal Government establishment, the claimant ought to have instituted the matter at the Federal High Court and not at Lagos High Court.
It argued that LPPC was not a private organisation that could be sued at a State High Court, hence the court should strike out the suit with substantial cost against the claimant.
In his response, claimant’s lawyer observed that Fidelity Bank failed to raise the issue of jurisdiction in its statement of defence in compliance with the rules, hence the court should discountenance it.
On the preliminary application for injunction, Aribisala’s counsel urged the court to restrain LPPC from stripping the claimant of the rank of SAN.
He submitted that LPPC failed and or ignored to file counter affidavit and written address in opposition to the claimant’s application for interlocutory injunction.
He contended that while the suit is pending and in particular while the application for injunction is pending in court, LPPC on February 26, 2013 sat in Abuja to consider the 1st defendant’s petition which is the subject matter of this suit.
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