Nyako’s Impeachment: A’Court Refuses Adamawa CJ’s Application to Stop Judge from Delivering Judgment

The Yola Division of the Court of Appeal which is sitting Abuja, has turned down an application by the Chief Judge of Adamawa State, Justice Ishaya Banu, for a stay of proceedings in a suit filed by a former governor of Adamawa State, Murtala Nyako, challenging the procedure of his impeachment from office in July 2014.

The application was targeted at stopping the trial judge in the substantive suit before the Federal High Court in Yola, Justice Bilikisu Aliyu, from delivering judgment which was scheduled for February 12, 2015.

Meanwhile, before Justice Aliyu could deliver judgment in the suit and before Tuesday’s ruling, the Chief Judge of the Federal High Court, Justice Ibrahim Auta, had called for the case file and subsequently transferred the case to another judge in the Bauchi Division of the court just last week.

Nyako had cried foul and accused the CJ of trying to influence the course of justice, an allegation, which the Federal High Court denied.

Nyako questioned the property of the CJ’s decision to ask a new judge to hear the case after the trial judge had reserved judgment in the matter.

It is however not clear what direction the case will now take in view of the transfer of the case to Bauchi and the Tuesday’s decision of the Court of Appeal refusing to stay proceedings in the suit.

The Bauchi Division of the Federal High Court presided over by Justice M.G. Umar has already fixed March 17 for hearing in the case.

Nyako and his legal team had however indicated their intention to resist the transfer of the case already adjourned for judgment to another court.

Nyako’s lawyer, Mr. Olukoya Ogungbeje, had maintained that the Bauchi Division lacked jurisdiction to entertain the suit and thus must be returned to Justice Aliyu in the Yola Division where the matter had been heard and fixed for judgment.

On Tuesday, Justice Olukayode Bada, delivering the lead ruling of the appeal panel, turned down the prayer to stay proceedings on the grounds that hearing had been concluded in the matter and adjourned for judgment.

But the appellate court granted one of Justice Banu’s prayer embedded in the application which sought an order for the abridgement of time within which to compile and transmit records to prosecute his appeal against the decision of Justice Aliyu refusing his (Banu) application to join Nyako’s suit as a codefendant.

Justice Aliyu had rejected the Adamawa CJ’s application to join the suit on the grounds that he was not a necessary party in the suit.

The Adamawa

CJ currently presides over other impeachment-related suits filed by Nyako at the Adamawa State High Court in Yola.

In the matter before the Federal High Court in Yola, Justice Aliyu had on February 2 heard all parties in the matter and had already adjourned the matter for judgment.

But Justice Banu had after Justice Aliyu adjourned for judgment filed an application before the Court of Appeal seeking, among other prayers, an order of stay of proceedings in the matter at the Federal High Court.

Banu’s application for the stay of proceedings was anchored on the grounds that he had filed an appeal against the ruling by Justice Aliyu dismissing his (Justice Banu) application to join Nyako’s suit as a defendant.

Nyako had in November 2014 filed the suit to enforce his fundamental rights at the Yola Division of the Federal High Court, alleging that he was denied fair hearing in the proceedings of the impeachment panel which recommended his removal from office to the state House of Assembly in July 2014.