Former governor of Adamawa State, Murtala Nyako, has asked a Federal High Court sitting in Lagos for permission to apply for an order of mandamus against the Chief Judge of the Federal High Court, Justice Ibrahim Auta.

The order of mandamus was to compel Auta to release the case file in the suit by Nyako to challenge his impeachment on July 15, 2014.

Nyako had in the suit, alleged breach of his fundamental right to fair hearing by the seven-man investigation panel which indicted him of 16 counts of gross misconduct which led to his impeachment.

Defendants in the suit were Adamawa State House of Assembly, the chairman of the investigation panel, Buba Kaigama and the Inspector General of Police, Suleiman Abba. The case is before Justice Bilikisu Aliyu of a Federal High Court in Yola.

Nyako, in his fresh application seeking the court’s permission to apply for an order of mandamus against Auta, argued that though Bilikisu had fixed judgment in the matter for February 12, 2015, the judge could, however, not deliver the judgment as scheduled because Auta had “seized” the case file.

Nyako, who alleged foul play, said the seizure of the case file by Justice Auta was intended to delay the judgment till after May 29, when his tenure would have elapsed thus rendering the case merely academic.

Nyako’s lawyer, while arguing the application, said “That all efforts to make the respondent (Auta) return the case file for the judgment of the court to be delivered proved futile. The respondent (Auta) has connived and colluded with the respondents in the case (Kaigama and others) to deny the applicant justice.”

According to him, “The suit is time-bound as the tenure of the office of the applicant is due to expire on May 29, 2015. The respondent hatchet plot is to obstruct the wheel of justice, forestall the delivery of the court judgment and postpone the evil day till after May 29, 2015 when the tenure of the applicant would have expired.”

The case has not been assigned to any judge and no date has yet to be fixed for hearing.

Source: VANGUARD