Hearing in the suit filed by the Kogi State judiciary against the executive arm was hurriedly adjourned yesterday following what was described as the security situation in the court.
Police personnel deployed to the court were unexpectedly withdrawn and Justice Justice Alaba Omolaye-Ajileye of the State High Court,Koton-Karfe said the atmosphere was not conducive for the court to proceed with the matter.
The court consequently adjourned sine die in the suit filed by the state judiciary against the executive over alleged attempts to illegally remove the Chief Judge (CJ) of Kogi State, Justice Nasir Ajanah.
The court also reserved ruling on the motion seeking nullification of the April 2, resolution of the State House of Assembly, recommending the removal of the CJ.
Plaintiffs in suit HC/KK/11CV/2018 are the Chief Judge of the state and the Chief Registrar, Alhaji Yahaya Adamu .
The court had resumed with lead counsel to the parties in the suit adopting their written addresses on motion HC/KK02M/201.
The claimants/applicants in the motion had contended that the House of Assembly defied the pendency of suit and the interim injunctive orders of the court by sitting and issuing a resolution in respect of the matter.
They prayed for an order of the court nullifying and setting aside the resolution purportedly passed by the House at its plenary sitting of 2nd April, 2019 in defiance of the pendency of the suit.
The action of the legislative arm, according to the motion, also defied the interim injunctive orders of court, by acting upon a report submitted to it by its Public Accounts Committee and resolving
R.A. Lawal-Rabana (SAN), Abeni Mohammed (SAN), A.M.Aliyu (SAN), Tawo E. Tawo (SAN) and three others represented the claimants/applicants.
Mohammed said that the motion was brought pursuant to Order 11, Rules 1 and 2 of Kogi State High Court (Civil Procedure) Rules, 2006.
The motion has the Kogi State House of Assembly; Speaker of the House; Hon. Bello Hassan Abdullahi, chairman of the adhoc committee; the Governor of Kogi State and the Attorney-General of Kogi State as defendants/respondents.
Mohammed, while addressing the court said the claimants/applicants filed the motion supported by a 16-paragraph affidavit with Exhibits “A to G”.
Adopting their written address, Mohammed said, “We rely on the affidavit and the exhibits and urge the court to grant the prayers in particular, Exhibit A and B.
Sale Sule for the defendants/respondents said he had filed a counter eight-paragraph affidavit, adding that they relied on the averments.
Justice Omolaye-Ajileye, after adoption of the addresses by the counsel went on a two-hour stand down to deliver his ruling on the motion.
Minutes into the two-hour stand down, the judge invited the counsel into his chambers, to intimate them of the sudden withdrawal of police personnel from the court.
He said, it was not safe for the court to continue sitting in the circumstance.
He therefore adjourned the case sine die but told the counsel that they would be notified once the court fixed a date for ruling on the motion.
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