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From Ighomuaye Lucky, Benin
The Attorney General of the Federation and Minister of Justice, Abubakar Malami, has declared that the refusal of the sacked Managing Director of the Benin Electricity Distribution Company (BEDC), Funke Osibodu, to vacate office as acting beyond her legal power or authority.
Malami who made the declaration in a statement made available to newsmen in Benin City, cited the recent restraining order paraded by the ousted BEDC boss which she reportedly obtained from an Abuja High Court as illegal, ultra vires, and of no effect.
Malami said that the 14 days granted by the Federal High Court had elapsed to vacate her from the office.
In the statement titled: Legal opinion on the possession and management of BEDC Electricity Plc, dated August 18, 2022, with reference number LE/14/1.7/95, the Attorney General cited Order 26 Rule 10(1-3) of the Federal High Court (Civil Procedure) Rules 2019 which states in part to buttress his advice:
“An application to vary or discharge an order made ex-parte may be made by the party or person affected within 14 days after service and shall not last for more than 14 days after the application has been argued unless the court otherwise directs” and “Where a motion to vary or discharge an ex-parte order is not taken within 14 days of its being filed, the ex-parte order shall lapse unless the court otherwise directs in the interest of justice”.
