Nyako’s suit against FHC CJ for judgment Friday

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A Federal Capital Territory High Court in Maitama, Abuja, has fixed Friday for judgment in a suit instituted by a former governor of Adamawa State, Murtala Nyako, against the Chief Judge of the Federal High Court, Justice Ibrahim Auta.

Nyako sued Justice Nyako over alleged wrongful transfer of his (Nyako’s) suit challenging his impeachment in July 2014 from Yola Division of the Federal High Court, where it had been scheduled for judgment, to Bauchi Division.

‎The plaintiff is seeking an order of mandamus compelling Justice Auta to return the case file to Justice Bilikisu Aliyu of the Yola Division of the Federal High Court, so that the reserved judgment of the court can be delivered.

Justice Auta did not file any defence in the suit.

The presiding judge, Justice Ishaq Bello, after hearing Nyako’s lawyer, Mr. Olukoya Ogungbeje, on March 25, 2015, had adjourned the matter for judgment three times.

Justice Bello, who first fixed April 13 for judgment subsequently adjourned again till Tuesday. But the judge on Tuesday again fixed Friday for the judgment.

Nyako is with the fundamental rights enforcement suit, which he is seeking its transfer to Yola Division of the Federal High Court, is  challenging his removal from office in July 2014.

He alleged that he was denied fair hearing by the impeachment panel which recommended his removal from office to the state House of Assembly in July 2014.

Justice Aliyu had fixed February 12 to deliver judgment in the former governor’s suit.

However, between February 3 when Justice Aliyu heard parties in the suit, and February 12, 2015,  when the matter was fixed for judgment, Justice Auta  called for the case file on account of a pending petition against the presiding judge.

After three weeks of holding the file, Justice Auta transferred the matter to Bauchi Division of the court.

Meanwhile, Justice M.G Umar of the Federal High Court in Bauchi, where Justice Auta had transferred Nyako’s main suit to, has fixed Thursday for judgment in a separate application‎ asking for an order transferring the suit back to Yola Division of the court.