Impeachment: The judicial ‘conspiracy’ against Nyako’s return

AMEH EJEKWONYILO chronicles the barrage of allegations and counter allegations leveled against top judicial officers in the country who “conspired” to pervert the course of justice in the suit instituted by former Governor Murtala Nyako of Adamawa state against his “unlawful” removal from office by the state’s House of Assembly. 

As the tenure of the current political office holders gradually winds down, former Governor Murtala Nyako feels he is being short-changed by the country’s judiciary, following his “unlawful” removal from office by the Adamawa State House of Assembly in July, 2014.

Last week, Nyako accused the Chief Judge of the Federal High Court, Justice Ibrahim Auta of frustrating his case challenging the legality of his impeachment by allegedly withdrawing the case file from the Adamawa division of the court.

Justice Auta was alleged to have withdrawn the case file few days to the delivery of judgment by the trial judge, Justice Bilikisu Aliyu.

Nyako through his counsel, Olukoya Ogunbele and former Director of Press, Mr. Ahmad Sajoh at a press conference in Abuja, appealed to Justice Auta to immediately release the case file to Yola division of the Federal High Court so that the trial judge can deliver judgment in the interest of justice.
Ogunbele said that withdrawing a case file few days to judgment date by any judicial officer was in bad taste and should not be condoned.

In a terse petition Ogunbele had addressed to the Chief Judge of Nigeria (CJN), Justice Mahmud Mohammed dated February 10, 2015 and  titled: “Complaint on Gross Denial/Miscarriage of Justice, Abuse of Judicial Oath and Subversion of the Course of Justice by two Senior Judicial Officers of Adamawa state Judiciary: Justice Ishaya K. Banu and Justice Ambrose D. Mammadi”, Ogunbele alleged that his client (Nyako) had been severally denied justice by the actions and inactions of the two judicial officers of Adamawa state Judiciary.

He further alleged that Justice Ishaya Banu who is the current Chief Judge of Adamawa state, applied to be joined in a similar suit as an interested party.

“As a judicial officer in whose court a case involving Murtala Nyako is pending, what does his involvement connote other than bias and a desire to ensure that justice for Nyako is delayed which in effect means denial”.

However, in a swift reaction to the allegation of case file withdrawal, the Chief Registrar of the Federal High Court, Mrs. Rosemary Dugbo Oghoghorie dismissed the allegation stating that it was not true.

She stated that a counsel in the suit, Festus Keyamo representing the Chief Judge of Adamawa state, Justice Ishaya Banu had petitioned Justice Bilikisu Aliyu on ground of denial of fair hearing and forwarded same to the CJ.

Mrs. Oghoghorie added that as a tradition, Justice Auta had to call for the case file to ascertain the genuiness of the allegation of denial of fair hearing and also forwarded a copy of the petition to the trial judge for her response.

She however added that up till date, the trial judge is yet to respond to the petition against her and that the CJ is still awaiting the response.
Besides, the CR noted that the Court of Appeal, Yola division penultimate Tuesday granted a stay of proceedings in the matter and for that reason none of the parties can take any step as far as the matter is concerned.

She however urged parties to exercise restraint and stop throwing out allegations at highly placed judicial officers for no just cause.

The petition signed by Director of Media to the former governor, Ahmad Sajoh further alleged that throughout the period the case was with Justice Banu, no substantial progress was made as he allegedly used every ploy to delay the case, to the extent of deliberately refusing to return from Abuja to Yola when the case was slated for hearing.
He however called on the NJC to investigate the matters with a view to establishing their veracity or otherwise.

He also asked the NJC to apply appropriate sanctions against Justice Banu in order to protect innocent citizens from any further abuse of their judicial authority.
The petitioner also called on the NJC to order a speedy hearing of the Nyako’s case before Justice Banu in the interest of justice.