*Preside over cases against DSS
Eight days after operatives of the
Department of State Service, DSS, raided their homes, Justices Nnamdi
Dimgba and Adeniyi Ademola, on Monday, resumed sitting at the Abuja
Division of the Federal High Court.
The DSS had in the process of a "sting
operation" it conducted between October 8 and 9, ransacked the
Abuja homes of both Judges.
The said operation had resulted in th
arrest and detention of seven superior court judges, among whom
included two Justices of the Supreme Court- Inyang Okoro and
Sylvester Ngwuta.
Meanwhile, though Justice Ademola was
among the judges that were arrested and subsequently granted
administrative bail, Justice Dimgba was freed after his house
situated at the Apo Legislative Quarters was thoroughly searched by
security operatives who allegedly carted away several documents
including drafts of yet to be delivered judgements.
Since the incident occurred, the two
judges have not sat to preside over cases pending before their
respective courts until yesterday.
Whereas Justice Ademola sat at Court 7,
his counterpart, Justice Dimgba presided over matters at Court 11.
Justice Ademola, who sat for close to
two hours, attended to 12 cases, with two of the pending cases
against the DSS.
Specifically, the two cases were
fundamental right enforcement applications by persons currently being
held in DSS custody.
While the first suit marked:
CS/518/2016 was filed by one Olusegun Komolafe, with the Director
General of the DSS and another as respondents, the second suit
marked: CS/498/2016 was also lodged against the DSS by one Engr
Chidiebere Onwudiwe.
Hearing on both matters were stalled by
failure of the DSS to send any legal representation before Justice
Ademola.
Consequently, the Judge deferred
hearing on the suits after he ordered that fresh hearing notices
should be served on the DSS.
Both Justices Dimgba and Ademola are
currently awaiting the nod of the National Judicial Council, NJC, to
drag the DSS to court over the "illegal invasion" of their
homes, which the said amounted to gross violation of their
constitutional rights.
Meantime, among cases Justice Dimgba
heard yesterday was a suit by a governorship aspirant of the All
Progressives Congress, APC, in Ondo State, Mr. Olusegun Abraham.
The judge, in a bench ruling, ordered
the service of all the relevant court processes, on APC National
Chairman, John Odigie-Oyegun and the party's purported governorship
candidate, Oluwarotimi Akeredolu via substituted means.
The order followed an application by
counsel to the plaintiff, Prof. Yemi Akinseye-George (SAN), who
complained that his client found it difficult to serve the
respondents personally.
The suit is among others things,
challenging the competence of the governorship primary election the
APC held in Ondo State on September 3.
The plaintiff, who raised eight
questions for determination, is praying the court to among others,
declare that the primary was held in violation of provisions of the
APC's Electoral Guidelines for Governorship primary election 2014.
He said the primary also flouted the
party's constitution and was therefore invalid and incapable of
validly producing Akeredolu as a candidate.
He also seeks an order setting aside
the primary for alleged non-compliance with the provisions of the
party's primary election guidelines and constitution.
Abraham, who emerged second in the
primary, equally wants the court to set aside the purported
submission of Akeredolu's name to INEC by Odigie-Oyegun and the
electoral body's acceptance of the name as the APC's candidate for
the forthcoming governorship election.
As well as an order compelling INEC to
extend time within which the APC could conduct a fresh primary based
"on the congress and congress appeal committee's delegates' list
2014 and in compliance with the provisions of the Electoral Act, the
constitution of the APC, the party's electoral guidelines 2014 and
the 1999 Constitution, as amended.
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