A Federal High Court Sitting in Abuja will on Thursday decide whether or not to transfer the suit instituted by the suspended president of Court Of Appeal, Justice Ayo Isa Salami, against the National Judicial Council (NJC) and 10 others to the court of appeal.
When the matter came up today, counsel to Salami, Chief Akin Olujinmi told the court that respondents had just served him their reply in court and that he would need time to respond to it.
But in a dramatic turn the NJC alongside the other respondents in the suit withdrew their counter affidavit and written address in opposition to the application and asked that the plaintiff go ahead to move his motion.
While withdrawing their opposition to the application, counsel to NJC, Mike Ozekhome, lamented that the NJC had been vilified and portrayed as frustrating the speedy determination of the matter and orally applied for the withdrawal of the council’s opposition so that the matter could proceed.
Mr. Ozekhome’s stance was subsequently adopted by other respondents in the matter.
The court consequently struck out both the counter affidavit and the written address of the respondents.
But while moving his application, Mr. Olujinmi urged the court to grant that some questions which he raised be referred to the court of appeal for determination.
He argued that none of the respondents had opposed the referral adding that such is a vital point which the court must consider before granting or rejecting the application.
He also added that the questions under reference arose from the proceedings and they arise from the interpretation and application of the constitution.
In his reply to the application for referral, counsel to the NJC, contended that the issues which the ousted president of the court of appeal seeks to refer to the court of appeal, outside the question on jurisdiction, bother on the substantive matter which requires evidence to be taken adding that the court cannot be called upon to transfer such questions to the court of appeal without first considering and determining such.
He argued that it is the decision of the trial court that can then be challenged at the appellate court.
Counsel to Salami, Mr. Olujinmi on his part, urged the court to disregard Ozekhome’s submissions and insisted that the questions raised on behalf of his client for referral to the court of appeal satisfy all known parameters for reference and should all be referred to the appellate for determination.
Justice Okorowo subsequently adjourned the case to Thursday the 15th of March to rule on whether or not to transfer the questions to the court of appeal for determination.
The suspended chairman of the appeal court justice Ayo Salami had dragged the NJC and 10 others to court to challenge his suspension.
