FCT judge returns file on NBA suit

Justice Olukayode Adeniyi of the Federal Capital Territory (FCT) High Court, Abuja has returned the case file of the suit filed by a presidential candidate at the just concluded Nigerian Bar Association (NBA) Presidential election, Chief Joe-Kyari Gadzama (SAN) against the registered trustees of the NBA and seven others back to the Chief Judge of FCT for re-assignment.

Counsels to the plaintiff, Chief Emeka Ngige (SAN) and Sebastian Hon (SAN), informed the court that the matter was adjourned for further directives.

Counsel to the respondents led by Olumuyiwa Akinboro (SAN), argued that they have not been served with the originating processes of the case and were willing to receive such services in the court to enhance expeditious determination of the suit.

But Chief Ngige informed the court that all the parties to the suit have been served with the processes and that the proof of service was in the court file.

The court ruled that since all the respondents were in court and were represented by counsels, there was no need to belabour the issue of service.

Thereafter, Justice Adeniyi said: “I will return this case file to the Chief Judge of the FCT High Court for assignment to another Judge who will proceed with the case and I will proceed on my own vacation.”

He refused to give a return date for the case saying “I will not impose a date on the court that will continue with this matter”.

Chief Ngige SAN urged the court to advice counsel to Mr. Augustine Alegeh (SAN) (14th defendant) to warn the clerks at NBA secretariat to always receive court processes on behalf of the respondents and stop molesting bailiffs and other court officials in the process of carrying out their lawful duties.

Chief Gadzama had gone to court to contest the outcome of the NBA election as it relates to the office of the President of the association.