The case filed by Governor Danbaba Suntai against the House of Assembly and Speaker Haruna Tsokwa has again been adjourned yesterday by the Justice of Jalingo High Court, Ali Andeyantso.
CEOAFRICA gathered that the reason for the adjournment was so as to rule on an application seeking for transfer of the case to Court of Appeal.
Counsel to the Speaker, Yusuf Ali, was reported to have made an application in Court, seeking for transfer of the matter to the Appeal Court to interpret Section 190 (2) of the Constitution, since the issue in question according to him, has no judicial precedence.
According to the report, Yusuf Ali told the court that since there was no judicial precedence, an interpretation by the Court of Appeal would enable the High Court to determine the matter accordingly.
Counsel to Taraba State Assembly, Yusufu Nya Akirikwen, also submitted similar application seeking for transfer of the matter to the Court of Appeal to give interpretation to Section 190 (2) of the 1999 Constitution as amended.
Counsel to Governor Danbaba Suntai, Alex Izinyon, opposed the applications, saying that they were ‘premature and grossly misconceived’ and urged the court to dismiss both applications.
He, therefore, urged the court to look at the processes and facts of the matter to determine whether the plaintiff has any case at all, submitting that the court is not a robot that would be swayed by anything but a court of law whose decision is based on facts.
Justice Ali Andeyantso however adjourned the matter to September 30, 2013 to rule on the applications seeking for referral of the case to Court of Appeal for interpretation of the Constitution