Muritala Nyako request suit' return to Yola

A former governor of Adamawa State, Murtala Nyako, has asked the presiding judge of the Bauchi Division of the Federal High Court, Justice M.G Umar, to return his suit challenging his removal from office in July 2014, to the Yola D‎ivision, so that the judgment already reserved in the suit can be delivered.

Justice Bilikisu Aliyu, who presides over the case in the Yola Division of the court, had on February 2, 2015, concluded hearing in the suit and adjourned for judgment before the the Chief Judge of the Federal High Court, Justice Ibrahim Auta, transferred the case to Bauchi.

Justice Auta had withdrawn the suit from Justice Aliyu on the account of a pending petition before the date already fixed for judgment – February 12.

Justice Auta had transferred the case to Bauchi after three weeks of withdrawing the suit from Justice Aliyu.

Nyako, through his counsel, Mr. Olukoya Ogungbeje, had queried the basis for withdrawal of the suit and its subsequent transfer to Bauchi.

In his letter dated March 12, 2014, written on his behalf by his lawyer, Mr. Olukoya Ogungbeje, Nyako informed Justice Umar that his court lacked jurisdiction to entertain the suit.

The lawyer therefore urged the judge not to hear the case but to order it to be transferred back to Yola

Nyako’s fresh letter came ahead of March 17, 2015, the date which the matter has ‎been scheduled to come up before Justice Umar.

The letter was titled, ‘Passionate request for the transfer of the case file to the Federal High Court Yola, Adamawa State on jurisdictional grounds‎’.

The letter read in part, “My Lord there is no gainsaying the fact that the cause of action that gave rise to the present suit arose in Adamawa State. There is also no doubt that the applicant that the applicant and the respondents are based in Adamawa State.

“There is also no scepticism that the right to fair hearing of the applicant was infringed upon by the respondents in Adamawa State without saying that there are plethora of authorities which are on all fours on the present suit before my lord.

“My Lord, it is our humble submission again that there are jurisdiction issues inherent in all ramifications on the above mentioned suit being in the wrong division.”