A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has granted permission to former governor of Adamawa State, Murtala Nyako to sue the Chief Judge of the Federal High Court, Justice Ibrahim Auta for alleged wrongful transfer of his (Nyako’s) case from Yola to Bauchi State.
Justice Ishaq Bello granted Nyako leave on March 12 while ruling on an ex parte application to that effect. The Nation sighted a copy of the order Thursday.
By the leave granted him, Nyako can now proceed to initiate the case with which he seeks to compel Justice Auta to return the case file he withdrew from Justice Bilikisu Aliyu of the Yola division of the Federal High Court, to enable her deliver the judgment she had reserved in the case.
Nyako had initiated the suit marked: FHC/YL/CS/11/2014, to challenge the process leading to his impeachment last year. The suit, a fundamental rights enforcement case, with the Adamawa State House of Assembly and others as defendants, was one of two suits filed by the governor shortly after he was impeached.
Nyako who filed the suit in November 2014, alleged that he was denied fair hearing by the impeachment panel which recommended to the House of Assembly that he should be removed from office.
The trial judge in Yola, Justice Aliu concluded hearing in the fundamental rights enforcement suit and adjourned to February 12, 2015. Before the date scheduled for judgment, the court’ Chief Judge, Justice Auta called for the file on the ground that a petition was written against the trial judge by the Chief Judge of Adamawa State, Justice Ishaya Banu, through his lawyer, Festus Keyamo, complaining that he was denied fair hearing after the trial judge refused his application to be made a party in the suit.
On concluding his investigation of the petition by Justice Banu, Justice Auta transferred the case to Bauchi division of the court, a decision Nyako has objected.
