•Judge fixes fresh hearing date
The Federal High Court has confirmed the transfer of a suit filed by former Adamawa State Governor Murtala Nyako at the Yola division of the court to a new judge in Bauchi division.
The transfer, now being queried by Nyako, is coming few weeks after the case file was retrieved by the court’s Chief Judge, Justice Ibrahim Auta, from the earlier trial judge, Justice Bilikisu Aliyu, who had scheduled judgment in the case for February 12.
The Nation had reported last week that the case was transferred out of the Yola division, where Justice Aliyu had planned to deliver judgment before Justice Auta called for the file.
Although no official of the court, including the Chief Registrar, Mrs. Rosemary Dugbo-Oghoghorie, was willing to comment on the new development in the case, it was learnt from a fresh hearing notice sent to parties that the case has actually been moved to Bauchi.
The new judge to whom the case is assigned at the Bauchi division, Justice M.G Umar, has scheduled hearing for March 17.
It is, however, not clear what direction the proceedings will take before the new judge. It is equally not known whether the new judge will commence hearing afresh, after the judgment earlier fixed for February 12 was aborted, or he will proceed to deliver the judgment prepared by the earlier trial judge.
Nyako had initiated the suit to challenge the process leading to his impeachment last year.
The suit, a fundamental rights enforcement case, with the Adamawa State House of Assembly & others as defendants, was one of two suits filed by the governor shortly after he was impeached.
Nyako had, in the fundamental rights enforcement suit, filed in November 2014, alleged that he was denied fair hearing by the impeachment panel, which recommended to the House of Assembly that he should be removed from office.
The trial judge in Yola concluded hearing in the fundamental rights enforcement suit and adjourned to February 12, 2015. Before the date scheduled for judgment, the court’ chief judge called for the file on the ground that a petition was written against the trial judge by the Chief Judge of Adamawa State, Justice Ishaya Banu, through his lawyer, Festus Keyamo.
Nyako protested Justice Auta’s action in a February 2015 petition to the National Judicial Council (NJC), accusing him of seizing the case file and “thereby forestalling the delivery of the court judgment slated for February 12, 2015.”
The Chief Registrar of the Federal High Court, on February 18, denied Nyako’s allegation.
She said the court’s chief judge called for the case file to enable him address a petition dated February 3, 2014 written to his office by Keyamo on behalf of the Chief Judge of Adamawa State.
Keyamo was also the lawyer to the current Adamawa State Governor, Bala Ngilari (who was the deputy governor under Nyako), when he fought his way back to power via a suit at the Federal High Court, Abuja.
Nyako’s lawyer and media aide Olukoya Ogungbeje and Ahmad Sajoh said in the petition to the NJC that “on the day the judgment was to be delivered, the judge was not around. No prior information that the court would not sit and no new date was fixed. We got information that it was the CJ that called for the file.
“As we speak to you, the file remains with the CJ. Whose interest is he protecting? We want Justice Auta to tell the whole world why he has not sent the file back to Federal High Court, Yola.”
Ogungbeje said the former governor also sought the probe of the Chief Judge of the Adamawa State, for showing questionable interest in the case.
“The Chief Judge of Adamawa State, Justice Ishaya Banu, is hearing a different case filed by Admiral Murtala Nyako to challenge his impeachment procedure. Justice Banu has refused to hear the suit.
“What is the interest of a chief judge in a suit involving politicians? He filed an application to join the suit before Justice Bilikisu Aliyu and the judge dismissed the application. As if that was not enough, Justice Banu promptly appealed the judgment. The chief judge has decided to join the foray of litigation.”
Meanwhile, the Court of Appeal, Abuja will on March 10 rule on the application by the Adamawa State Chief Judge for the abridgement of time within which to compile records at the trial court and to also stay proceedings at the lower court pending the determination of his appeal.
The Adamawa Chief Judge is appealing the ruling by Justice Aliyu, refusing his application to be joined as a party in Nyako’s fundamental rights enforcement suit, now transferred to Bauchi.
