A High Court sitting in Koton-Karfe, Kogi, on Thursday nullified
the April 2 resolution of the House of Assembly recommending the
removal of the state Chief Judge, Justice Nasir Ajanah, for gross
misconduct.
The court also set aside the resolution of the assembly
recommending the Chief Registrar of the state High Court, Alhaji
Yahaya Adamu, to the Judicial Service Commission (JSC) for
disciplinary action over alleged gross misconduct.
Justice Alaba Omolaye-Aiileye, the presiding Judge, quashed the
resolution on Thursday in Koton-Karfe while ruling on Motion NO.
HC/KK02M/201 in the SUIT NO. HC/KK/11CV/2018 brought by the Chief
Judge and the Chief Registrar.
The motion had as respondents, Kogi State House of Assembly;
Speaker of the House; Bello Hassan Abdullahi, Chairman of the Ad
Hoc Committee; the Governor of Kogi state and the Attorney-General
of Kogi state.
In his ruling, Omolaye-Aiileye said he had come to an
“irresistible conclusion” that the resolution of the assembly
arising from its sitting of April 2, recommending the removal or
stepping aside of the Chief Judge for gross misconduct, must not be
allowed to stand.
He said that the resolution having been reached in “clear
violation of the orders of this court, is, accordingly hereby set
aside and declared a nullity.”
“With the positive orders of this court made on Dec. 13, 2018
and reinforced on Dec. 18, 2018, Kogi State House of Assembly ought
not to have done anything to give the impression that it was trying
to pre-empt the decision of this court.
“It is tragic that the respondents whose primary responsibility
is to make laws for the peace, order and good government of Kogi
state will be the same institution to be associated with violation
of court orders,” he said.
The jurist said it was his considered view that the action of
the Assembly was “a blatant and an impudent act which ought not to
be tolerated or encouraged in a democratic setting.
“It is an audacious and arbitrary display of naked power, an act
that is contrary to all constitutional and democratic tenets,” he
said.
The News Agency of Nigeria (NAN) reports that the applicants
approached the court by way of an interlocutory application.
They prayed for an order nullifying and setting aside the
resolution passed by the Assembly at its sitting of April 2.
It was alleged in the motion paper that the Assembly acted upon
a report submitted to it by its Public Accounts Committee and
resolved, amongst others, that the Chief Judge be removed for
alleged gross misconduct.
The application was predicated on the sole ground that the
resolution of the Assembly, which bordered on the substantive
matter, was passed in violation of subsisting orders of the
court.
The court had on Dec. 12, 2018, in its ruling on application
brought by the claimants/applicants, granted an order of interim
injunction restraining the respondents from taking any step in
respect of the substantive matter, pending the determination of the
Motion on Notice.
NAN recalls that the court had on April 12, adjourned sine die,
ruling on the motion as the court abruptly shut down during a
two-hour stand down, following sudden withdrawal of police
personnel from the court on “Order from above.” (NAN)
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HAJJ Pilgrims NAHCON
NAHCON, NDLEA Partner towards drug-incident-free
Pilgrimage
The National Hajj Commission of Nigeria (NAHCON) commends the
effort of the National Drug Law Enforcement Agency (NDLEA) for
unraveling the drug trafficking circle of criminals notorious for
planting drugs in innocent travelers’ luggage thereby implicating
them in a crime they know nothing about.
The two agencies will continue to work together in ensuring a
drug-incident-free Umrah season and Hajj 2019 period.
Thankfully, this discovery has given hope for the redemption of
Zainab Habibu Aliyu from incarceration, the young lady who pleaded
ignorance of a drug baggage tagged in her name. Consequently, the
Commission has ordered its lawyers in Saudi Arabia to compliment
efforts of the Nigerian mission in the Kingdom in securing Zainab’s
timely release back to the country.
Furthermore, the Commission, in collaboration with sister
agencies, will deploy the necessary staff and technology at Hajj
departure centers nationwide to ensure security of pilgrims and
their luggage against abuse and drug peddling in any guise.
Fatima Sanda Usara,
Head, Public Affairs Division,
NAHCON
