A Federal High Court in Abuja on Friday adjourned for further
mention a suit challenging the nomination of Mr Femi Gbajabiamila,
a member of the House of Representatives vying for the position of
Speaker of the House of Representatives in the ninth National
Assembly until June 14.
Gbajabiamila was sued before the court in the suit with No.
FHC/ABJ/CS/539/2019 by one Philip Undie, a businessman.
Undie is challenging the eligibility of Gbajabiamila to contest
for the speakership of the house on the grounds that he has a
criminal allegation in the state of Georgia, U.S.
Gbajabiamila is one of the leading candidates vying for the
position.
Other respondents/defendants in the suit are: the House of
Representatives, the Attorney General of the Federation and the All
Progressives Congress (APC).
At the resumed sitting of the court, Justice Inyang Ekwo,
adjourned the matter at the instance of the first defendant
counsel, Mr Adebowale Kamoru, who informed the court that he has
just been served with court process Friday morning.
Kamoru pleaded with the court to grant an adjournment to enable
him study the process since he was newly served Friday morning.
“We have undertaken to collect the service of the originating
process on behalf of the first defendant, the first defendant has
now been served. We will study the process and respond
appropriately,” he said.
Earlier, the plaintiff counsel, Mr Olasupo Azeez, informed the
court that there was a pending application of the plaintiff seeking
for the leave of the court to serve the defendant the originating
process.
“The second respondent was served on May 31. We apply to
withdraw the motion exparte in this matter having been undertaken
by event.
“We also urged the court to refuse the applicant party seeking
to be joined in the suit on the ground that they have not shown why
they are seeking to be joined in this matter,” Azeez prayed.
Justice Ekwo however granted the adjournment of the suit till
June 14 for further mention. (NAN)
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9th Speaker: Court quashes June 10 summons on
Gbajabiamila
A High Court of the Federal Capital Territory has quashed the
earlier summons by an Area Court in Karshi, Abuja asking an
aspirant for the Office of the Speaker of the House of
Representatives, Hon. Femi Gbajabiamila to appear before it on June
10, 2019
The court has also ordered the Area Court to stay action in
whatsoever manner on any case involving Gbajabiamila.
The Area Court judge, Hon. Anas Isah Mohammed has also been
ordered by the High Court to transmit certified record of
proceedings of the lower court within seven days.
Justice Othman Musa of the FCT High Court, Bwari gave the order
following an ex-parte motion filed by Gbajabiamila
The House leader had sued the African Peoples Party(APP) and the
Area Court judge, Anas Isah Mohammed seeking two reliefs.
The reliefs are:
· An order of this Honorable Court granting leave to the Applicant
to apply for judicial review for an order of certiorari to remove
into this Honorable court for the purpose of its being quashed, the
proceedings, decisions, criminal charge and Order of His Worship,
Honorable Anas Isah Mohammed of Grade 1 Area Court, Karshi, Federal
Capital Territory, Abuja, made on 30th May 2019 in Charge No:
CR/349/2019 and Motion No. M/19/2019, between African Peoples Party
(APP) Vs. Hon. Femi Gbajabiamiia (AKA Femi Gbaja).
· An order of this Honourable Courtstaying all proceedings and
hearing of the Criminal Charges, actions and decisions of His
Worship, Hon. Anas Isah Mohammed of the Grade 1 Area Court, Karshi,
Federal Capital Territory, Abuja, made on the 30th day of May,
2019, in Charge No.: CR/349/2019 and Motion No. M/19/2019, between
African Peoples Party (APP) Vs. Hon. Femi Gbajabiamila (AKA Femi
Gbaja), which affects the subject-matter of this application
pending the hearing and determination of the Motion on Notice for
an Order of Certiorari filed by the Applicant herein.
In his ruling, Justice Othman Musa granted the ex-parte prayers
of the applicant
He said: “Where at any stage of proceedings before final
judgment In any cause or matter in an Area Court a person alleges
that he is not subject to the jurisdiction of Area Court, the
proceedings shall, on the application of that person to the High
Court be transferred to the High Court, which shall inquire into
and determine the truth of the person’s allegation. ‘
“It is for the reasons advanced above that I proceed to grant
the application as follows:
“ Leave is hereby granted to the Applicant to apply for judicial
review for the issuance of an Order of Certiorari to remove the
whole proceedings, orders, pending applications and the entire
record of Hon. Anas Isah Mohammad in Grade 1 Area Court of the FCT,
Holden in Karshi in charge number: CR/349/2019 and Motion No:
M/19/2019 between African Peoples Party (APP) Vs. Hon Femi
Gbajabiamila (AKA Femi Gbaja) into this court for the purposes of
being quashed by way of judicial review.
“ It is further ordered by virtue of Section 12(1) of the
Federal Capital Territory Area Court Act and Order 44 Rule 3(6)(a)
that the leave so granted above shall operate as a stay of further
action or proceedings by the respondents; particularly the
proceedings in Grade 1 Area Court (Coram Hon. A.I Mohammed) the
2″‘1 Respondents in this application, in CR/349/2019 is hereby
stayed
“ It is ordered that the 2nd Respondent(the Area Court judge)
either by himself or the registrar of the Lower Area Court is to
transmit a certified record of proceedings of the lower court into
this court or make same available to the applicant upon payment of
the required fee within 7 days from the service of this order.”
The case was adjourned to 20th of June 2019 for definite hearing
of the motion on Notice of the Originating Summons.
By PRNigeria