A High Court sitting in Koton-Karfe,Local Government Area (LGA) of Kogi State had on Thursday April 2nd nullified resolution of the House of Assembly which recommend the removal of Kogi state Chief Judge, Justice Nasir Ajanah, for alleged gross misconduct.
The court conclude by setting aside assembly that will recommend the Chief Registrar of the state High Court, Yahaya Adamu, to the Judicial Service Commission (JSC) for disciplinary action over alleged gross misconduct.
Justice Alaba Omolaye-Ajileye, the presiding officer who preside over case, pass the resolution on Thursday in Koton-Karfe while ruling on Motion NO. HC/KK02M/201 in the SUIT NO. HC/KK/11CV/2018 that brought by the Chief Judge and the Chief Registrar of the State.
The motion were respondent to by the speaker of Kogi State House of Assembly, Bello Hassan Abdullahi, the Chairman of the Ad Hoc Committee; the Governor of Kogi State and the Attorney-General of Kogi State.
In his judgement, Mr Omolaye-Aiileye said he had come to an “irresistible conclusion” that the decisions of the state assembly recommend the removal of the Chief Judge for alleged gross misconduct, must not be allowed to go on.
He said doing that is a “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 December 13, 2018 and reinforced on December 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.
He further said 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.
Meanwhile, News Agency of Nigeria (NAN) reports that the applicants approached the court by way of an provisional application.
Thereby prayed for an order to nullify and set aside the conclusion passed by the Assembly at its sitting of April 2.
It was reported that the motion paper that the Assembly take decision with was submitted to it by its Public Accounts Committee and resolved, amongst themselves, that the Chief Judge be removed over allegations of gross misconduct.
Also kogi report, said "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 December 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.”