But in her motion challenging the EFCC's ex parte
application, Mrs. Jonathan, sought «an order of this
court striking out the respondent's ex parte
originating summons dated September 20, 2017, filed at the registry of this
court honourable
court on the same date, on the ground that this honourable
court lacks the jurisdiction
to entertain the said
application.»
penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or
originating application that is brought in the Supreme
Court or the Provincial
Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one
to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation
to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are
to a) Establish a statutory right
to public participation for every individual; b) Encourage individuals
to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access
to the
courts for all proceedings and claims that are not brought or maintained for an improper purpose.
If the class action is allowed
to proceed, the representative files an
originating application to have the
court hear the case (i.e. decide the case «on the merits»).