Amaechi’s move to quash charges of unlawful contract award fails

Move by the Minister of Transportations, Rotimi Amaechi to quash the charges of unlawful contract award brought against him and two others, yesterday, suffered a setback, as the Federal High Court, Abuja’s vacation judge, Justice Ahmed Mohammed, declined his application and returned the case file to the regular court for hearing of the preliminary objection.

The court declined the defendants’ request to adjourn the matter to Thursday, April 28, for hearing of the preliminary objection on the ground that the Easter vacation ended yesterday.

At the resumed sitting, the court registrar had read an affidavit of non-service by the bailiff, stating that the plaintiff’s counsel could not be reached for notice of service.

The court also observed that it was in receipt of the letter from the plaintiff, notifying it that the chamber would be on Easter vacation, and would not be available during the Easter holidays.

However, counsel to the defendants argued that the prosecution had never wanted the matter referred to the vacation judge to deal with the preliminary objection challenging the court’s jurisdiction, thus praying the court for the counsel to be re-served through their emails and text messages.

The judge held that since the matter was assigned as a vacation suit, he was bound by the law not to grant the request to adjourn the matter beyond yesterday. He, therefore, returned the file to Court 6 for continuation of the suit.

Justice Mohammed also said as a vacation judge, his mandate was for the hearing of the preliminary objection and application for joinder.

The case was filed by a civil society organisation (CSO), Citizens Advocacy for Social & Economic Rights (CASER), while the defendants are Amaechi, Attorney-General of the Federation and Minister of Justice, Abubakar Salami, and the Bureau of Public Procurement (BPP).