Kogi government, assembly seek out of court settlement with chief judge
Kogi State Governor, Yahaya Bello and the state House of Assembly, have resolved to settle out of court, their dispute with the chief judge and registrar.
This is coming on the heels of their earlier resolve to investigate the chief judge, following a suit instituted against them by Justice Nasiru Ajanah. The chief judge and the registrar of the court, Mr. Yahaya Adamu, had last week approached the court to stop investigating them and the state judiciary.
This followed a petition to the assembly by Secretary to the State Government, Folashade Arike Ayoade, alleging an impasse between the executive and judicial arm of the state.When the case came up yesterday, counsel for the defendants, Mr. Rotimi Oguneso (SAN) announced that the nature of the matter was such that ought to be resolved out of court. He, therefore, applied for an adjournment to allow him explores the possibility of an amicable settlement.
Adegboyega Awomolo (SAN), who led four other counsels for the appellants, did not oppose the application. He, however, applied for extension of time of the lifespan of the earlier orders of the court, to avoid embarrassment to the parties.
In his ruling, the presiding judge, Justice Alaba Omolaye-Ajileye, noted that it was part of the duties of a court to encourage amicable settlement of matters out of court.He commended Oguneso’s initiative in seeking to get the matter resolved out of court.
The judge held that the fears expressed by Awomolo, over the need to preserve the res of the matter were well founded.Justice Omolaye-Ajileye said it was expedient that the lifespan of his earlier orders be extended in the interest of justice to prevent the occurrence of any irreparable mischief.He ordered that his earlier orders remain in force, pending the hearing and determination of the motion on notice of December 12, 2018.
He further restrained the defendants from taking any step, under any guise, that will have the effect of frustrating the case and adjourned till February 4, 2019.