Following the order by a Federal High Court sitting in Abuja to seize the latest book of former President Olusegun Obasanjo, “My Watch”, he has filed an appeal, arguing that he was in no way “daring the court” as widely reported by some national newspapers.
Citing 10 grounds on which he could indicate that the trial judge erred in his ruling, Obasanjo, through his legal team, led by Gboyega Oyewole filed an appeal challenging the confiscation order, Punch reports.
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The judge had ordered the confiscation of the book after the ex-president went ahead on Tuesday in Lagos to present the book to the public, in disobedience to the court’s restraining injunction. He also gave the former president a 21-day ultimatum to explain why he should not be punished for flouting the court order.
The 10 grounds of appeal, according the counsel, include that: “The learned trial judge erred in law when he granted the interlocutory order of injunction, which inter alia restrained the defendant from the publication of his book “My Watch” or the content of the letter to the President, which is the subject of the suit before the trial judge in the said book.
“There was uncontradicted affidavit evidence that the defendant’s book, “My Watch” had been published and released to the public before the making of the interlocutory order.
“The plaintiff never alluded to this fact in his affidavit before the court. It is settled law that an injunction does not lie to restrain a completed act. His Lordship failed and/or neglected to allude to the affidavit evidence before making the interlocutory order.
“The learned trial judge erred in law and exercised his discretion wrongfully in granting the order of interlocutory injunction, subject of this appeal against the defendant, restraining him from publishing his book, “My Watch” or publishing his letter subject of the suit in the said book.”
Meanwhile, one of Obasanjo’s aides at the Olusegun Obasanjo Presidential Library, Abeokuta, Mr. Vitalise Ortese, on Thursday exonerated his principal from deliberately flouting a court order.
He described the former president as a law-abiding citizen, who will only pursue his rights within the law and will not “dare” a judge or knowingly flout an order of a court of competent jurisdiction.
It will be recalled that the Chairman, Mobilisation and Organisation Committee of the Peoples Democratic Party, South West, Prince Buruji Kashamu has recently went to court to stop the former president from publishing the autobiography.
