Kogi executive/judicial faceoff: Court reserves ruling, adjourn indefinitely

The court adjourned sine die in the suit filed by the state judiciary against the executive, over alleged attempts to illegally remove the Chief Judge (CJ) of Kogi State, Justice Nasir Ajanah. The court also reserved ruling on the motion seeking nullification of the April 2, resolution of the state House of Assembly, recommending removal of the CJ. Justice Alaba Omolaye-Ajileye, announced during sitting, that the suit: NO. HC/KK/11CV/2018 brought against the state Executive by the Chief Judge and Chief Registrar, Alhaji Yahaya Adamu was halted abruptly The court resumed sitting on Friday with lead counsels to the parties in the suit adopting their written addresses on the motion NO. HC/KK02M/201. The claimants/applicants in the motion had contended that the House of Assembly defied the pendency of suit 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 arm, according to the motion, also defied the interim injunctive orders of court, by acting upon a report submitted to it by its Public Accounts Committee and resolving R.A. Lawal-Rabana (SAN), Abeni Mohammed (SAN), A.M.Aliyu (SAN), Tawo E. Tawo (SAN) and and three others represented the claimants/applicants. Mohammed said that the motion was brought pursuant to Order 11, Rules 1 and 2 of Kogi State High Court (Civil Procedure) Rules, 2006. The motion has the Kogi State House of Assembly; Speaker of the House; Hon. Bello Hassan Abdullahi, chairman of the adhoc committee; the Governor of Kogi State and the Attorney-General of Kogi State as defendants/respondents. Mohammed, while addressing the court said the claimants/applicants filed the motion supported by a 16-paragraph affidavit with Exhibits “A to G”. Adopting their written address, Mohammed said, “We rely on the affidavit and the exhibits and urge the court to grant the prayers in particular, Exhibit A and B. Sale Sule, leading another, Yusuf Goodluck for the defendants/respondents said he had filed a counter eight-paragraph affidavit, adding that they relied on the averments. Justice Omolaye-Ajileye, after adoption of the addresses by the counsels went on a two-hour stand down to deliver his ruling on the motion. Minutes into the two-hour stand down, the judge called counsels to the parties into his chambers, to intimate them on the security situation, as a result of sudden withdrawal of police personnel from the court. He said that the security situation with the sudden withdrawal of police officers and men from the court, and the intelligence reports reaching him, it was not safe for the court to resume sitting. He therefore adjourned the case sine die but however, told the counsels that they would be notified once the court fixed a date for ruling on the motion.]]>