Duke declines to serve court summons on Charles Taylor
From Emmanuel Onwubiko, Abuja
Cross River State Governor Donald Duke yesterday told the Federal High Court, Abuja that he is not in a position to serve the former Liberian President, Mr. Charles Taylor with the court's summons.
The summons is in respect of a suit filed by two Nigerians, Emmanuel Egbuna and David Anyaele who were allegedly captured during the 10-year-old war in Sierra Leone and crudely amputated by the Revolutionary United Front.
The dreaded rebel group was allegedly funded by Taylor.
President Olusegun Obasanjo and the Attorney-General and Minister of Justice, Chief Akinlolu Olujimi (SAN) also objected to the hearing of the suit for lack of jurisdiction.
The position of the Cross River State government was relayed to the court presided over by Justice Steve Jonah Adah by the state's Solicitor-General, Mr. Ebuta B.T. Ebuta.
Duke rather advised the court to serve Taylor directly since his address is known in the public domain.
Counsel to the plaintiffs, Mr. Babatunde Fagbohunlu, made an oral application that the court should make an order of substituted service to serve Taylor through the National Refugees Commission.
But the lawyer, who represented Obasanjo and the minister, Bola Odugbesan, told the court that since the National Commission for Refugees entered conditional appearance in the matter, he cannot receive any court processes for the former Liberian president.
Odugbesan said: "When your Lordship ruled on the application for substituted service, in pursuant to the application, the court's order was specific that the processes be served through the Cross River State governor.
"Under order 13, rule 2, service should be personal, where it could not be effected personally, rule 5 comes in.
"I urge the court to refuse the application. What we believe should be formed," he said.
The plaintiffs are questioning the constitutional validity of the Asylum granted Taylor by President Obasanjo which, according to them, will shield him (Taylor) from facing justice at the crimes court.
Cited as defendants in the suit are Taylor, the Federal Commissioner for Refugees, the Eligibility Committee for Refugees, the National Commission for Refugees, President Obasanjo and the Minister for Justice.
Obasanjo and the Minister are contending in their joint notice of preliminary objection that the plaintiffs have no locus standi to bring the action and that the court lacks jurisdiction.
The suit was adjourned to July 13 for hearing and the plaintiffs' application for substituted service.
Yesterday's session was watched by some foreign observers.
