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>
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