THE Chief Judge of Federal High Court, Justice Adamu Kafarati has turned down a petition by Enugu Electricity Distribution Company, EEDC, seeking the transfer of a suit it instituted against the President of Civil Rights Realisation & Advancement Network, CRRAN, Mr. Olu Omotayo.
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Omotayo had gone to court challenging the incessant and arbitrary disconnection of electricity consumers in all parts of the South-East at different times by EEDC without regard to electricity regulatory laws guiding the operations of electricity distribution companies, DISCOs, in Nigeria.
The matter had progressed to the stage of arguments in the court of Justice Dugbo Oghoghorie at the Federal High Court, Enugu, when EEDC petitioned the Chief Judge, alleging bias by Justice Oghoghorie and sought for transfer of the case to another judge.
However, Justice Kafarati, not seeing any bias in the suit, gave Justice Oghoghorie the go-ahead to continue with the trial and advised EEDC to file a motion before Justice Oghoghorie for an order of transfer of the case with reasons.
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The plaintiff and human rights lawyer, Omotayo, had on December 4, commenced an originating summons seeking the interpretation of some provisions of the Electric Power Sector Reform Act 2005.
The suit suffered several adjournments until it was fixed for hearing on December 13, when the plaintiff argued his case and adopted his written address and the defendants’ counsel commenced argument on his preliminary objection, but thereafter wanted to rely on the defence (counter-affidavit) he claimed was filed in the afternoon of the previous day, December 12.
The court said the process was not yet in the court’s file before it and the plaintiff pointed out that the defendants were out of time as the 30 days they had within which to file their defence had lapsed since March 2018, and therefore they needed to regularise their papers and pay penalty for late filing.
The court, thereafter, adjourned the case to February 14 for the defendant to regularise and continue his argument and adoption, but did not sit on the day, and the matter was adjourned to April 11.
On April 11, when the matter was called up for continuation, the defendants’ counsel informed the court that he brought a letter that morning, asking for transfer of the case.
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