Reliance Referral Hospital Limited, Abuja has cried out over the delay in the judgment in a motion challenging the sale of the health institution by a commercial bank to a private firm.
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The case, involving the 160-bed hospital located in Garki II, is before Justice Keziah N. Ogbonnaya of the Federal Capital Territory (FCT) High Court sitting at the Kubwa Division.
In a protest letter to the Chief Judge of FCT High Court, Hon Justice Hussein Baba Yusuf, the hospital owners expressed concern about the silence of the judge since December 1, 2023, when she heard the motion and reserved ruling.
A Director, Mohammed Zahradeen Baba-Kusa, urged the CJ to intervene by compelling Justice Ogbonnaya to deliver judgement in the motion marked M/14135/2023 in suit FCT/HC/CV/135/2022 filed by a Solomon Umoh (SAN) on November 10, 2023.
Zahradeen Baba-Kusa recalled that a letter seeking delivery of the ruling dated April 4, 2023 was received in the registry of Justice Ogbonnaya on April 5, 2024 without any response.
The memo to the CJ reads in part: “Reliance Referral Hospital Limited registered under the Company and Allied Matters Act vide motion number M/14135/2023 applied to Honourable Justice K. N Ogbonnaya of Court 16 sitting in Kubwa.
“The motion prays the Honourable Court to set aside its judgment delivered on August 4, 2022 in suit number FCT/HC/CV/135/2022 (between the Bank and Buyer) on the grounds of lack of fair hearing, fraud, deceit, and concealment of facts by the plaintiff/claimant which led court to enter judgment.
“The motion was argued on the 1st day of December 2023 and My Lord reserved ruling and informed counsel to both parties that a date would be communicated to them for the ruling. Since then, no date has been communicated to the parties or their counsel for the ruling.
“The applicant, after waiting for too long for the ruling to be delivered, wrote to the Honourable Court on April 4, 2024 drawing the attention of my Lord which was received and acknowledged by the registry on April 5, 2023 requesting the court to deliver its ruling so that parties will know their fate.
“Since the 1st day of December 2023, no date has been communicated to the parties or their counsel for the ruling. My noble Lord, we cannot continue to wait for the court’s ruling in perpetuity as we are adversely affected by the said decision of the court.
“My Lord, we humbly draw your attention to the provisions of the Constitution of the Federal Republic of Nigeria 1999 which gives and mandates all courts in Nigeria, including this court, the maximum of three months within which to deliver judgment and not even ruling,” the protest letter added.
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