Kogi Judiciary Asks Court To Nullify Assembly Resolution On Removal Of CJ

Kogi Judiciary on Monday approached the State High Court sitting
in Koton-Karfe seeking nullification of the April 2, resolution of
Kogi House of Assembly recommending the removal of the Chief Judge,
Justice Nasir Ajanah.

The motion was filed by Adegboyega Awomolo, SAN, leading 11
other lawyers including five Senior Advocates of Nigeria on behalf
of the claimants/applicants, Justice Ajanah and Chief Registrar of
the state High Court, Alhaji Yahaya Adamu.

Awomolo said the Motion Notice (Motion NO. HC/KK02M/201) was
brought pursuant to Order 11, Rules 1 and 2 of Kogi State High
Court (Civil Procedure) Rules, 2006 to counter the action of the
Assembly in defying the court order in the impasse between the
Legislature and the Executive arms.

The motion has Kogi House of Assembly; Speaker of the House;
Bello Abdullahi, chairman of the Ad Hoc Committee; Gov. Yahaya
Bello and the Attorney-General of Kogi.

The claimants/applicants in the motion contended that the House
of Assembly defied the pendency of Suit NO. HC/KK/11CV/2018 and the
interim injunctive Orders of the Court to have sat and issued a
resolution in respect of the matter.

They prayed for an order of the court nullifying and setting
aside the resolution purportedly passed by the House at its plenary
sitting of 2nd April, 2019 in defiance of the pendency of the
suit.

The action of the Legislative Assembly also defied the interim
injunctive Orders of Court by acting upon a report submitted to it
by its Public Accounts Committee and resolving that:

“The Chief Judge of Kogi State (the 1st Claimant/Applicant
herein) be removed for alleged gross misconduct, and

ii) That the Chief Registrar of Kogi State High Court (2nd
Claimant/Applicant herein) should be referred to the Kogi State
Judicial Service Commission for disciplinary action for
misconduct.”

The motion was on the grounds that the purported resolution of
the 1st-3rd defendants was made during the pendency of this suit
and a subsisting order of this Court restraining the defendants
from taking any steps In respect of the substantive matter.

The motion also held that orders of court were meant to be
obeyed by parties adding that the said resolution of the 1st – 3rd
defendants violated the said Order of the court and amounted
therefore, “to self help which is deprecated by the law.”

It also argued that the said resolution having been mede during
the pendency of the suit and a subsisting order of the Court, was a
nullity under the Law and ought to be set aside.

The High Court presided over by Justice Alaba Omolaye-Ajileye,
adjourned the matter until April 12.

The News Agency of Nigeria (NAN) reports that the motion was
supported with a 15-paragraph affidavit deposed to by Alhaji Yahaya
Adamu, the Chief Registrar and also one of the
claimants/applicants.

Adamu noted that the court had on Dec, 12, 2018, restrained the
defendants themselves, their agents or privies from acting or
threatening to act or interfere in any way detrimental to the
claimants in the discharge of their duties as Chief Judge and Chief
Registrar respectively.