Justices Adeniyi Ademola and Nnamdi Dimgba of the Federal High Court, Abuja resumed works Monday, about a week after their houses were raided and Ademola arrested by men of the Department of State Services (DSS).
Both judges conducted court businesses Monday in their courtrooms – Courts 7 and 11.
While Justice Dimgba heard a case – the suit marked: FHC/ABJ/CS/788/2016 by a governorship aspirant of the All Progressives Congress (APC), Olusegun Michael Abraham, Justice Ademola attended to 12 cases.
Justice Ademola sat from a little over 9am to 10. 44a.m. Among the cases he attended to were two filed against the DSS by two individuals currently being held by the agency.
The first was the one marked: CS/518/2016 filed by Olusegun Komolafe against Director General, SSS (also DSS) and another; and the second marked: CS/498/2016 by Engr Chidiebere Onwudiwe v. SSS.
The DSS did not attend proceedings and was not represented; following which Justice Ademola ordered the issuance of hearing notices on the DSS before the next date.
The Nation learnt that the judges were encouraged by the court’s authorities to resume duties in the absence of any query and suspension notice issued to them by the National Judicial Council (NJC).
“A judge’s conduct could only be queried by the NJC. He can only be suspended from office or recommended for either retirement of dismissal by the NJC.
“In the case of the judges arrested by the DSS, they still remain judges and will continue in that capacity until they can no longer do so.
“As it is now, they have neither been suspended not recommended for removal. So, they remain judges, who are liberty to perform their judicial functions and act in the capacity of a judge,” a senior official of the court said.
In the suit by Abraham, Justice Dimgba ordered the service of court documents, in relation to the case, on APC’s National Chairman, John Odigie-Oyegun and the party’s purported governorship candidate, Oluwarotimi Akeredolu through substituted means.
The judge’s order was informed by application by plaintiff’s lawyer, Prof Yemi Akinseye-George (SAN), in which he complained of his client’s inability to effect personal service on the two defendants.
He said service has been effected on the other two defendants – APC and the Independent National Electoral Commission (INEC).
Abraham’s suit is, among others, challenging the competence of the last APC’s governorship primary election in Ondo State held on September 3 this year.
The plaintiff, who raised eight questions for the court’s determination, is praying the court to among others, declare that the primary election was held in violation of provisions of the APC’s Electoral Guidelines for Governorship primary election 2014 and the party’s constitution and therefore invalid and incapable of producing Akeredolu as a candidate.
He also seeks an order setting aside the primary for alleged non-compliance with the provisions of the party’s primary election guidelines and constitution.
Abraham, who emerged second in the primary election, equally wants the court to set aside the purported submission of Akeredolu’s name to INEC by Odigie-Oyegun and the electoral body’s acceptance of the name as the APC’s candidate for the forthcoming governorship election.
He also seeks an order compelling INEC to extend time within which the APC could conduct a fresh primary based “on the congress and congress appeal committee’s delegates’ list 2014 and in compliance with the provisions of the Electoral Act, the constitution of the APC, the party’s electoral guidelines 2014 and the Constitution of Nigeria.
A date will be fixed for the hearing of the case after the plaintiff reports compliance with the order for substituted service.
