Friday 2 December 2016

Lawsuit on NBA Election 2016: Gadzama -vs- Mahmoud, Alegeh et al



Court grants Gadzama’s application to adjourn sine die

          

The  High Court of the Federal Capital Territory ( FCT, ) presided over by Justice Y. Halilu sitting in  Jabi, Abuja,   on Thursday 1st Dec  granted an application by the acclaimed winner of the NBA Presidential election, Chief J-K Gadzama (SAN) asking the Court to adjourn  the matter sine die. In making the application, lead counsel to Gadzama, Chief Emeka Ngige (SAN) informed the court that his client has appealed the ruling of the Court in refusing consolidation - to hear the preliminary objections together with the substantive suit and that all the defendants have been served with the Notice of Appeal
Chief Gadzama had gone to  Court to seek redress  over the alleged  monumental irregularities  that trailed the NBA election and subsequent declaration of Mr. Abubakar Balarabe Mahmoud ( SAN) as the president of the NBA
The Court had on November 8, refused the application of the Plaintiff to consolidate the hearing of   preliminary objections with the substantive suit, a ruling which  the Plaintiff  appealed agaisnt to the Court of Appeal.
However lead counsel to the defendants, Messrs Olumuyiwa Akinboro (SAN), Dr. Garba Tetengi (SAN), J. S.Okutepa (SAN), S. I. Ameh (SAN) A. Mallick  vehemently opposed the application for adjournment sine die. They argued that the court of Justice is not a warehouse where cases are kept and locked down to be picked at the whims and caprices of the Plaintiff.
The defendants also argued that the Notice of Appeal served on them by the Plaintiff did  not contain the Appeal No. They also contended that there was no motion for stay of proceedings before the Court to arrant such adjournment sine die. Urged the Court to strike out the matter and if the Court was minded to adjourn the matter sine die, he should do so granting the Plaintiff three months adjournment so that he would have enough time to play and do whatever business he has at the Court of Appeal.
Responding to their Defendants’ contentions, Chief Emeka Ngige ( SAN) reminded  the Court that the Plaintiff was the one who filed the matter in Court, and  he is more worried and concerned about the expeditious determination  of  the matter than  the defendants. He therefore urged the court to grant the adjournment sine die in the interest of justice.
In his ruling, the Lower Court stated: “Once a Notice of Appeal has been filed and the lower Court formally informed considering it keeps the record proceedings. The Court must adjourn sine die pending the outcome of the appeal at the Court of Appeal. The suit was accordingly so adjourned.
__._,_.___

Posted by: John Unachukwu Echezona <johnaustinlegal@gmail.com>

No comments:

Post a Comment