A Federal High Court in Abuja has postponed indefinitely the leadership dispute involving the African Democratic Congress (ADC).
This comes following a request by Nafiu Bala, a former deputy national chairman of the party, to have the case moved to another judge.
During Friday’s court session, Bala’s lawyer, Luka Musa Haruna, informed the court about the Supreme Court judgment delivered on April 30.
He explained that the Supreme court dismissed an appeal connected to the case and also removed the earlier order by the Court of Appeal that had paused proceedings in the main suit.
Haruna further told the court that Bala had written to the Chief Judge of the Federal High Court on May 4, asking for the case to be reassigned to another judge.
According to him, the letter had already been sent to the court registrar, and he urged Justice Emeka Nwite to wait for the Chief Judge’s administrative decision before continuing with the matter.
Lawyers representing the defendants opposed the request, accusing Bala of trying to delay the speedy hearing earlier ordered by the appellate courts.
Counsel to the ADC, Realwan Okpanachi, argued that the plaintiff had wrongly interpreted the Supreme Court ruling.
He also complained that the defendants were not served a copy of the letter requesting the transfer of the case.
“As it is, we don’t know the form or content of this application,” he said.
“We will also consider it as an attempt to frustrate the order of the appeal court, which was sustained by the supreme court.
“We make bold to say that a litigant is not allowed to choose which court or forum where his case should be decided in.”
Okpanachi also stated that the transfer request could not stop the court from proceeding with the hearing, but noted that the court had not yet received the Certified True Copy of the Supreme Court judgment for proper guidance.
“To drive home our point, this application cannot stop this honourable court from proceeding with the hearing of this matter.
“And we would have insisted that the court should go on with the hearing today if not for the fact that my lord has not been availed with a copy of the supreme court judgmemt to be properly guided by it.
“In the circumstances, it is our humble prayer that the court reiterate its order adjourning the matter sine die for the court to be properly informed about the outcome of the appeal through an affidavit exhibiting the judgment.”
David Mark’s lawyer, Sulaiman Usman, also criticised the move, describing it as an attempt at “judge shopping” and “forum shopping.”
He added that the Supreme Court had earlier praised Justice Nwite for his handling of the case before the appeal process.
“So my Lord, for the plaintiffs to come back to this court, and to inform us today that they have written a private correspondence to the honourable chief judge, and to hinge that to make a request for this court to await the outcome of that private correspondence, is not only unfortunate my lord, but a dangerous trend which must not be allowed to stand,” he said.
M.E. Sherriff, counsel for the third defendant, agreed with the submissions of the other defendants and argued that such requests could not be properly made through an ordinary letter.
In his ruling, Justice Nwite said the court could not act on the letter without first hearing from all parties involved, noting that doing otherwise could violate the defendants’ rights.
“Taking a decision or any action in such a letter without hearing from the defendants will amount to breach of their fundamental right in this suit,” he ruled.
He also explained that since the letter was directed to the Chief Judge, the trial court could not make any decision regarding it.
“This matter is best adjourned sine die to afford the parties properly file a Certified True Copy of the judgment of the supreme court in the interlocutory appeal in the suit, to serve the defendants with the letter addressed to the honourable chief judge, and finally to await further or any directive from the chief judge of the federal high court,” Nwite held.
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