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Kogi Judiciary goes to court; wants assembly resolution set aside

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Kogi Judiciary goes to court; wants assembly resolution set aside

The Judiciary in Kogi State yesterday approached the State High Court sitting in Koton-Karfe seeking nullification of the April 2, resolution of Kogi House of Assembly that recommended the sack of the Chief Judge, Justice Nasir Ajanah.

The Motion was filed by Adegboyega Awomolo (SAN) leading 11 other lawyers including five Senior Advocates of Nigeria on behalf of the claimants/applicants, Justice Ajanah and Chief Registrar of the state High Court, Alhaji Yahaya Adamu.

He indicated that the Motion Notice (Motion NO. HC/KK02M/201) was brought pursuant to Order 11, Rules 1 and 2 of Kogi State High Court (Civil Procedure) Rules, 2006 to counter the action of the Assembly in defying the court order in the impasse between the Legislature and the Executive arms.

The motion has Kogi State House of Assembly; Speaker of the House;
Hon. Bello Hassan Abdullahi, chairman of the Ad Hoc Committee; The Governor of Kogi State and the Attorney-General of Kogi State as defendants

The claimants/applicants in the motion contended that the House of Assembly defied the pendency of Suit NO. HC/KK/11CV/2018 and the interim injunctive Orders of the Court to have sat and issued a resolution in respect of the matter.

They prayed for an order of the court nullifying and setting aside the resolution purportedly passed by the House at its plenary sitting of 2nd April, 2019 in defiance of the pendency of the suit.

The action of the Legislative Assembly also defied the interim injunctive Orders of Court by acting upon a report submitted to it by its Public Accounts Committee and resolving that:

“The Chief Judge of Kogi State (the 1st Claimant/Applicant herein) be removed for alleged gross misconduct, and

ii) That the Chief Registrar of Kogi State High Court (2nd Claimant/Applicant herein) should be referred to the Kogi State Judicial Service Commission for disciplinary action for misconduct.”

The motion was based on the grounds that the purported resolution of the 1st-3rd defendants was made during the pendency of this suit and a subsisting order of this Court restraining the defendants from taking any steps In respect of the substantive matter.

The motion also held that orders of court were meant to be obeyed by parties adding that the said resolution of the 1st – 3rd defendants violated the said Order of the court and amounted therefore, “to self help which is deprecated by the law.”

It also held that the said resolution having been made during the pendency of the suit and a subsisting order of the Court, was a nullity under the Law and ought to be set aside.

The High Court presided over by Justice Alaba Omolaye-Ajileye would therefore, be moved on April 12, to hear the claimants/applicants through their counsel.

The motion was supported with a 15-paragraph affidavit deposed to by Alhaji Yahaya Adamu, the Chief Registrar and also one of the claimants/applicants.

Adamu noted that the court had on 12th December, 2018, restrained the defendants themselves, their agents or privies from acting or threatening to act or interfere in any way detrimental to the Claimants in the discharge of their duties as Chief Judge and Chief Registrar respectively.

This, according to him, is with reference to the subject matter of this suit, pending the hearing and determination of the Motion on Notice dated 12th December, 2018.

The Court order also restrained the House from accepting, debating or taking cognizance in any way of the report of its Ad Hoc Committee set up on 11th December, 2018 at its plenary sitting.

The ad hoc committee chaired by the 3rd defendant, was mandated to Investigate an alleged “impasse” between the Judicial and Executive arms of the Government of Kogi State.

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Lagos Based Businessman Wants NJC to Investigate Judge For Alleged Bias

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Lagos Based Businessman Wants NJC to Investigate Judge For Alleged Bias

A Lagos based businessman, Chima Nsudum, has petitioned the National Judicial Council (NJC) urging it to investigate Justice D. E. Osiagor of the Federal High Court in Umuahia, Abia State, over his alleged bias in a case before him.

Nsudum, in his petition, a copy of which was obtained by this news medium, wants the NJC to probe the alleged poor handling of a winding up proceeding of a private limited liability company, Davebenlin Nigeria Limited.

The petitioner clamed that on December 4, 2019, the Judge received a notice of appeal, and an application for stay of proceedings pending appeal, forcing him to adjourn the main suit indefinitely.

“However in spite of the order for adjournment granted by the judge, in the suit number: FHC/UM /PET/02 2018 between Chima Nsudum and Davebenlin Nigeria Limited, he later fixed a new date for hearing of the matter without the conclusion of the appeal.”

According to him, the judge fixed
July 23, 2020 for hearing of a motion by Davebenlin Nigeria Limited, seeking to confiscate the brand name ‘KMCA’ of a Sandpaper product owned by his company, Panadave Investments Limited, anywhere it was found in Nigeria on the allegation that they were newly imported in contravention of the Judge’s injunctive order.

The petitioner claimed that Panadeve Investments Limited is not a party in the suit.

Nsudum further claimed that “during the proceedings on the 23rd of July 2020, in the face of a Motion on Notice by the petitioner’s counsel, seeking an adjournment of the motion for stay of proceedings, in deference firstly, to the court’s own ruling, secondly, to the Motion for stay of proceedings pending at the Court of Appeal and thirdly, to the Record which had been entered, Justice Osiagor still insisted on hearing Davebenlin’s Motion.

“The judge was, however, forced to adjourn the matter to October 13, because the time had not run out for the petitioner to file counter-affidavits to the Motion.

“Nevertheless, he still went ahead to make an order for maintenance of status-quo by the parties.”

“In the meantime, a Form 48 (Notice of disobedience to an order of court) was served on the petitioner’s office, with a copy of the order of 23rd July 2020 as an attachment.

“The Form 48 was dated 24th of July 2020, meaning that the order attached was obtained most probably on the 23rd of July 2020 by Davebenlin’s counsel, while the petitioner’s counsel has been denied access to the proceedings/order to date,” Nsudum alleged.

“The Judge has consistently refused recording my lawyers and their submission. For example, the Judge attributed his order that ‘parties should maintain status quo’ on the 23rd of July 2020 to my lawyer, Barrister U.A. Emeagwara, when no such application emanated from him on that day.

“In view of the foregoing, the petitioner is uneasy about the conduct and disposition of Hon. Justice Osiagor, and does not believe he can have a fair-hearing before him, hence his petition,” he claimed.

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PDP hails Appeal Court Ruling that upturned sack of Bayelsa governor Diri

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PDP  hails Appeal Court Ruling that upturned sack of Bayelsa governor Diri

The Peoples Democratic Party (PDP) has acclaimed the Court of Appeal ruling on Friday, October 2, 2020 that upheld the election of Governor Douye Diri of Bayelsa State.
The country’s main opposition party described the Appellate Court judgment as victory for the rule of law and true will of the Bayelsa people.


A statement by the party’s National Publicity Secretary, Kola Ologbondiyan said; “Our party congratulates the people of Bayelsa and notes that the celebration that erupted in state at the breaking of the news of the verdict is not only a testimony that indeed justice was upheld but also that Govenor Diri is indeed the choice of the people.”
The PDP noted that just like other governors elected on its platform, “Governor Diri indeed had hit the ground running in the task of developing Bayelsa state, particularly in his outline of projects in key sectors.”

The party listed the sectors to include, manufacturing, agriculture, oil and gas, power, road infrastructure, and education, among others, noting that the Governor Diri’s administration is focused on developing the state despite the prevailing fiscal challenges.
“Our party therefore urges Governor Diri not to relent but continue in his commitment towards the good of all, in line with the manifesto of the PDP”, the statement said.
A five-man panel of the court of appeal had overturned a ruling which nullified the election of Douye Diri as governor of Bayelsa State on Friday.
The court held that the Bayelsa Election Petition Tribunal acted outside its jurisdiction by nullifying the election of Diri’s election.
In a unanimous judgment, the five-man panel of the court said the Advanced Nigeria Democratic Party failed to show that it had a valid candidature that was unlawfully excluded by the Independent National Electoral Commission (INEC).

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Kogi CJ names ICT Centre after predecessor, Ajanah

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Kogi CJ names ICT Centre after predecessor, Ajanah


By Friday Idachaba

Chief Judge of Kogi, Justice Henry Olusiyi has named the Information and Communication Technology (ICT) centre of the state Judiciary after the immediate past Chief Judge of the state, late Justice Nasir Ajanah.

Olusiyi disclosed this at a Valedictory and Special Court Session in honour of deceased and retired Judicial Officers of the state judiciary at the state High Court Complex on Tuesday in Lokoja.

The Acting Chief Judge who described late Ajanah as his bossom friend, brother, colleague and boss said it was essential for him to rechristen the the ICT centre after Ajanah as part of efforts to immortalise him.

This, according to him, is in view of the late jurist’s commitment to the establishment of the centre as part of efforts to digitise and automate the operations of the state judiciary.

“We are doing this to immortalise his name in recognition of his contributions to the administration of Justice in Nigeria and particularly, in Kogi State.

“The ICT centre was built under his leadership. It was commissioned in 2014 and it contains quite a number of state-of-the-art communication facilities.

“So, it’s now my great privilege and honour to dedicate this Centre to the service of mankind and to the glory of the almighty God.

“From now henceforth, the High Court of Justice ICT Centre shall be known and referred to as ‘Honourable Justice Nasir Ajanah (CON) ICT Centre’.

“It is our hope that it will serve as a nucleus for our efforts to automate our Court processes in Kogi State Judiciary”, Olusiyi said. (NAN)

FDJ/

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