My Watch: Obasanjo Appeals Against Book Seizure Order

By Sunday Ejike, Nigerian Tribune

A former president, Chief Olusegun Obasanjo, on Thursday, appealed against the order of an Abuja High Court, directing the confiscation of his book by the Inspector General of Police and the Director of the State Security Service (SSS).

According to the particulars of appeal, Obasanjo held that there was uncontradicted affidavit evidence that the book, “My Watch” had been published and released to the public before the court made the interlocutory Order.

He said the plaintiff never alluded to this fact in his affidavit before the court, adding that “it is settled law that an injunction does not lie to restrain a completed act.”

Obasanjo, in the appeal, held that the trial judge erred in law when he granted the interim orders of injunction which inter alia restrained him 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.

Injunction, he said, is an equitable and discretionary remedy granted by a court of law upon the presentation of unassailable facts and materials before the court to justify its grant.

He added that the plaintiff failed and/or neglected to produce the defendant’s book, “My Watch” or quote any offending part thereof to warrant or justify the grant of the orders of injunction against the defendant.

“The court was presented with facts in the counter-affidavit that the contents of the books ‘My Watch’ were not in any form libelous of the plaintiff.

“The court ignored the settled facts presented before it and granted the orders of injunction even when the plaintiff could not justify such an order in his evidence before the court.

“The learned trial judge erred in law when he failed to exercise his discretion judicially and judiciously as required by law and he proceeded to grant equitable order of injunction to restrain the defendants from the publication of his book ‘My Watch’ based only on the speculation presented before the court by the plaintiff that he suspected or was informed that some of the content of the books were libelous of him.

“Justice Valentine Ashi erred in law and exercised its discretion wrongfully in granting the orders 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,” Obasanjo said.

Credit: Nigerian Tribune