Lagos—A Federal High Court sitting in Lagos, yesterday, adjourned till October 16, 2014 hearing in the an application, seeking to set aside the suit challenging impeachment of former Governor of Adamawa State, Mr Murtala Nyako.
Mr Olukoya Ogungbeje, a lawyer, had filed the suit in August, challenging the legality of Nyako’s impeachment on July, 15.
Ogungbeje in his suit had argued that Nyako’s impeachment was a clear derogation from the due process of law, and prayed the court to reinstate him as governor.
Respondents in the suit are: Acting governor of Adamawa State, Mr Umaru Fintiri, Adamawa State House of Assembly, the acting Chief Judge of the state, Justice Ambrose Mammadi, Justice Buba Kajama, (Chairman of the seven-member panel that investigated allegations of gross misconduct against Nyako), Independent National Electoral Commission, INEC and the Inspector General of Police, IG.
The trial judge, Justice Okon Abang had taken arguments from parties on September 11, and had reserved judgment till September 30.
At the resumed hearing of the case, yesterday, Ogungbeje reminded the court that the business of the day was for the court to deliver its judgment in the suit, having entertained argument from parties.
But Chief Wole Olanipekun, SAN, representing the first, second and third respondent respectively, drew the court’s attention to his pending application before it.
He argued that the originating processes were not served on his clients, adding that when the lapses in the proceedings were brought to the court’s attention, the court directed counsel to adopt their written addresses.
He had prayed the court for leave to move his application.
The applicant in opposition, insisted that the business of the court was to deliver judgment, adding that the application should not be entertained.
Justice Abang in a bench ruling held that although the court had adjourned the matter for judgment, it was in the overriding interest of justice to hear the application of counsel to the respondents.
“On September 11 during the court’s vacation, I adjourned this matter for judgment, having heard parties in the suit. However, on September 22, the court registrar drew my attention in chambers, to an application by the first, second and third respondent; I then fixed it for hearing on September 26, and ordered hearing notices to be issued on parties.
“On the return date, the first to fifth respondents were present in court but the applicant was absent. I checked the court’s file and found that he was not served with a hearing notice. Issues arose, as to the need to hear the competiting rights of parties, before judgment is delivered.
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Nyako reinstatement: Court adjourns till Oct 16
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