The Federal Government on Wednesday said that the case challenging the asylum granted to former Liberian President, Mr. Charles Taylor was statute barred.
A lawyer from the Ministry of Justice, Mr. Wole Aina, who argued government's preliminary objection, said that the plaintiffs' filed the suit nine months after the recommendation to grant asylum to Taylor was accepted.
He said that since the case was statute barred, the court lacked the jurisdiction to hear it.
Aina cited the Public Officers Protection Act and Order 47 Rule 4 (2) of the Federal High Court Rules.
He also argued that the plaintiffs' request for an injunction to stop government from granting asylum to Taylor had been overtaken by event.
According to him, an injunction cannot be granted to stop an action that had been completed.
He said that the case was also not properly constituted.
Counsel to the plaintiffs, Mr. Emmanuel Egbuna; Mr. David Anyaele; and Mr. Mutiu Ganiu asked for time to reply to the objection.
The case was adjourned to October 13.
The court at the last sitting issued a subpoena on the chief executive of the country's refugee's commission and two other agencies that might have been involved in the process leading to the granting of political asylum to Taylor.
Taylor, currently on exile in Calabar, was dragged before the Abuja High Court by some Nigerians and a coalition of civil society groups to answer questions on violation of their fundamental human rights by members of the RUF, a group believed to have been sponsored by the former Liberian leader.
The plaintiffs asked that the National Commission for Refugees and Eligibility Committee for Refugees be served with same subpoena
The order compelling the agencies to produce the document was contained in form 41 issued by Justice Stephen Jonah Adah on June 28, 2004, under Order 41, Rule 34 of the Nigerian Federal High Court Rules.
The plaintiffs are challenging the propriety of the asylum granted to Taylor by the Federal Government. They insist that the former Liberian President is unfit to be granted asylum in Nigeria, having allegedly as president violated the rights of some Nigerians living both in Liberia and Sierra Leone.
In the subpoena, the defendants were asked to produce a memorandum titled 'Political Asylum for Mr. Charles Taylor: International, Legal, diplomatic and Political Issues Involved' dated August 1, 2003.
Also, the court ordered government officials and agencies to produce "all the documents containing the recommendations made by any or all of the 2nd, 3rd and 4th respondents (Federal Commissioner for Refugees; the Eligibility Committee for Refugees and the National Commission for Refugees) to the effect that the 1st respondent (Charles Taylor) is eligible to be granted 'Refugee Status' and or 'Political Asylum' in Nigeria."
In addition, they were asked to produce all "documents containing the grounds upon which such decision was made."
Taylor was granted political asylum by the Nigerian authorities last year following a deal brokered by African leaders that saw his exit from power.
But a coalition of civil rights groups and individuals in the country has contended the propriety of such action. The Nigerian government and governor of Cross River state, Mr. Donald Duke (in whose domain Taylor is residing) last month refused to obey court directive that they serve the former Liberian President with court summons.
