Nyako sues judge for ‘stalling judgement by seizing case file’

Impeached governor of Adamawa state, Murtala Nyako, has sued Ibrahim Auta, chief judge of the federal high court for allegedly seizing the case file in a suit seeking to upturn his impeachment.

Nyako, who filed the fresh suit before the Lagos division of the FHC, is specifically seeking leave of court to apply for an order of mandamus against Justice Auta.

The order of mandamus was to compel Auta to release the case file in the suit numbered FHC/YL/CS/11/E014 filed by Nyako to challenge his impeachment on July 15, 2014.

Nyako had filed the suit alleging breach of his fundamental right to fair hearing by the seven-man investigation panel that indicted him of 16 counts of gross misconduct, leading to his impeachment.

Joined as respondents were the Adamawa state house of assembly, chairman of the investigation panel, Buba Kaigama; and inspector-general of police, Suleiman Abba.

The case was being adjudicated upon by Bilikisu Aliyu, a justice of the federal high Ccurt, Yola.

In his fresh application seeking the court’s permission to apply for an order of mandamus against Auta, Nyako explained that although Bilikisu had fixed judgment in the matter for February 12, 2015, the judge could, however, not deliver the judgment as scheduled because Auta had “seized” the case file.

Nyako, who is suspecting a foul play, said the seizure of the case file by Auta was intended to delay the judgment till after May 29 when his tenure would have elapsed, thus rendering the case merely academic.

Olukoya Ogungbeje, the prosecuting counsel, said all efforts to make the respondent (Auta) return the case file for the judgment of the court to be delivered proved futile.

He added that the respondent (Auta) had connived and colluded with the respondents in the case (Kaigama and others) to deny the applicant justice.

“That the suit is time-bound as the tenure of the office of the applicant is due to expire on May 29, 2015,” he said.

“That the respondent hatchet plot is to obstruct the wheel of justice, forestall the delivery of the court judgment and postpone the evil day till after May 29, 2015 when the tenure of the applicant would have expired.

“The respondent is bent on frustrating the case of the applicant in a bid to render the outcome of the case academic.

“The respondent, who ought to be fair, independent and unbiased, is now being used as a tool by the respondents to frustrate the case of the applicant, render the outcome of the applicant’s case academic and deny the applicant of justice.

“That it would be in the interest of justice to urgently hear and grant this application.”

The application with the number FHC/CS/217/15 and dated February 26, 2015 was filed on Monday, pursuant to Order 34 Rules 1, 2, 3, 4, and 5 of the Federal High Court (Civil Procedure) Rules 2009.

The suit against Auta in both personal and official capacities has not been assigned to any judge and no date has yet to be fixed for hearing.