
A Federal High Court in Yola has finally fixed May 11 for judgment in a suit filed by a former governor of Adamawa State, Murtala Nyako, challenging his removal from office in July 2014.
Our correspondent learnt on Tuesday that the fresh development followed last week’s return of the case file by the Chief Judge of the Federal High Court, Justice Ibrahim Auta, to Yola after withdrawing it few days to the date the judgment was originally scheduled to be delivered in February.
The trial judge in Yola, Justice Bilikisu Aliyu, had after conducting hearing in the case fixed February 13, 2015 for judgment.
But before the judgment day, Justice Auta called for the case file on account of a petition written by the Acting Chief Judge of Adamawa State, Justice Ishaya Banu, whose application to join the suit as a defendant was earlier dismissed by Justice Aliyu.
After three weeks of holding the file, Justice Auta transferred it to Bauchi Division of the Federal High Court without disclosing whether his decision had anything to do with the outcome of the petition.
But Nyako, through his counsel, Mr. Olukoya Ogungbeje, opposed the transfer of the case to Bauchi Division, and filed an application asking the presiding judge, Justice M.G. Umar, to return the case to Yola.
But after hearing the application, Justice Umar agreed with Nyako’s counsel that his court lacked jurisdiction to entertain the suit.
However, Justice Umar chose to return the case file to the Chief Judge instead of granting the prayer that the case be returned to Yola.
Barely a week after the case file was returned to him, Justice Auta, through a letter dated April 27, 2015, transferred it back to Yola Division, paving the way for Justice Aliyu to fix a date to deliver her reserved judgment.
The development also came ahead of a ruling scheduled by a Federal Capital Territory High Court in Maitama, Abuja, in an application by Nyako seeking an order of mandamus to compel Justice Auta to return the case file to Yola, so that the reserved judgment could be delivered.
Nyako is with the fundamental rights enforcement suit challenging his removal from office by the Adamawa State House of Assembly on July 15, July 2014.
He alleged that he was denied a fair hearing by the impeachment panel which recommended his removal from office to the state House of Assembly in July 2014.
The Adamawa State House of Assembly, Chairman of the Investigative Panel, which recommended Nyako’s removal from office to the Adamawa State House of Assembly, Buba Kaigama, and the Inspector-General of Police, are the defendants in the suit.
Meanwhile, still pending before a Federal Capital Territory High Court in Maitama, is a suit seeking an order of the court compelling Justice Auta to return the case file to Yola.
The petition, which was the basis for Justice Auta’s withdrawal of the case from Yola was written by Justice Banu.
Justice Banu’s petition emanated from an earlier decision of Justice Aliyu to dismiss his (Justice Banu’s) application to join Nyako’s suit as a party.
Nyako had, through his lawyer, petitioned the National Judicial Council, calling for its intervention in the handling of the case by Justice Auta and the inexplicable interest of Justice Banu in the case.