Obasanjo Asks Court to Vacate Order on His Autobiography, My Watch

A former president, Chief Olusegun Obasanjo, has asked an Abuja  High Court to vacate its earlier injunction restraining him from further publishing, printing or offering for sale, his autobiography: “My Watch.”

He also asked the court to set aside its order directing the Inspector General of Police (IG), the Director General of the Department of State Services (DSS) and the Comptroller General of Customs (CGC) to recover the published book from all book stands, sales agents, vendors, the sea and airports and deposit them with his court’s registrar pending the determination of the substantive suit.

The court had granted the orders on December 10, 2014 following complaint by the plaintiff, Buruji Kashamu, to the effect that Obasanjo breached an earlier order of the court made on December 5 restraining the ex-President from launching the book.

Kashamu, who sued Obsanjo for libel in relation to the claims in a letter to President Goodluck Jonathan that he (Kashamu) is a fugitive wanted in the United States, had moved the court to grant the earlier restraining order of December 5 on the ground that the subject of the libel suit was contained in the new book by Obasanjo.

Despite the order of December 5, Obasanjo proceeded to launch the book on December 9 in Lagos, a development that prompted the court to make the orders of December 10.

On Monday, Obasanjo’s lawyer, Kanu Agabi SAN moved the application with which he prayed the court to set aside the December 10 order on the ground that the court wrongly applied the law in reaching its decision.

Agabi argued that it was wrong for the court to grant a restraining injunction against a party in a libel case, who pleaded justification.

He said the court should have first determine whether or not the publication complained about was libellous before restraining Obasnajo from engaging in further publication.

Agabi, who cited some authorities in support of his argument, contended that “the point at which he can be restrained is when he is unable to prove his plea of justification.”

He said his client was willing to abandon the appeal he filed against the court’s decision to enable the trial court decide his application.

Lawyer to Kashamu, Mr Alex Iziyon , while arguing his counter-affidavit, objected to Obasnajo’s paryers. He argued that it was wrong for Obasnajo to seek the vacation of injunctions which had been executed.

He said the plaintiffs had served the order on all the institutions, security agencies and individuals named in the order.

He told the court that the Nigerian Customs Service recently requested for a copy of the order when its men intercepted container loads of the book. Justice Valentine Ashi has adjourned to March 30 for ruling.

Obasanjo Asks Court to Vacate Order on His Autobiography, My Watch