Monday, 17 October 2016

Judges' Arrest: Justices Ademola, Dimgba resume sitting at FHC

*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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