Court To Rule On Nyako’s Impeachment On 23 March

Posted by African Examiner Featured, Latest Headlines, News From The State Tuesday, March 17th, 2015

Audu Limun, Bauchi – Federal High Court in Bauchi presided over by Justice Ibrahim Auta, has fixed March 23, 2015, to rule on whether the court has the jurisdiction to entertain the suit filed by former Governor Murtala Nyako against Adamawa State House of Assembly and 7-man panel of investigation.

Justice Auta ordered Olukoya Ogungbeje, counsel to Nyako to file a written application on March 18, 2015 and serve all parties to the suit immediately to enable them reply.

The presiding judge also directed all parties to the suit to reply to Ogungbeje’s application within 48 hours if served as stipulated by law.

He emphasized that he would “hang the towel” if he discovered that he lacks jurisdiction over the suit.

According to him, “I will not entertain anything in relation to the suit now as the jurisdiction of the court has been questioned,” he stated.

Ogungbeje had earlier told the court that the suit had been presided over by Justice Bilkisu Bello, Federal High Court, Yola and had fixed February for judgment and all of a sudden the case was transferred to the office of the Chief Judge of Federal High Court of Nigeria, Abuja.

He emphasized that the case was moved to Abuja via a forwarding letter”Forwarding of of case file in suit No: FHC/YL/CS/11/2014″ dated Feb. 6, 2015 as directed by the Resident Judge of Yola Division to forward the case file.

Ogungbeje argued that the prediction of no jurisdiction was a point of law that the court could take oral application not necessarily written application.

He asserted that “the case has to do with tenure ship of my client which terminates on May 29, 2015, therefore, it was an issue of emergency since the case has suffered series of neglects.”

Abubakar Sa’ad, counsel to Adamawa State House of Assembly, in his argument had told the court that the matter of urgency raised by counsel to Nyako was not necessary because they failed to file the substantive suit three months after Nyako was impeached.

Sa’ad emphasized that from the foregoing, urgency should not be translated into a defence, therefore, urged the court to direct the counsel to the complainant to file written application for no jurisdiction to enable parties to the suit reply.

Justice Auta therefore, adjourned the case to March 23, 2015 for ruling on the jurisdiction of the court concerning the suit.