Nyako Asks Court To Compel CJ To Release Case File

Nyako Asks Court To Compel CJ To Release Case File

Former governor of Adamawa State, Murtala Nyako, has urged a Federal High Court sitting in Lagos for leave to apply for an order of mandamus against the chief judge of the Federal High Court, Justice Ibrahim Auta.

Nyako is seeking the order of mandamus to force Justice Auta to release the case file in a suit he filed challenging his July 15, 2014 impeachment by the Adamawa State House of Assembly.

The applicant had in the suit alleged breach of his fundamental right to fair hearing by the seven-man investigation panel which indicted him of 16 counts of gross misconduct leading to his impeachment.

Other respondents in the case are the Adamawa State House of Assembly, the chairman of the investigation panel, Buba Kaigama and the Inspector General of Police, Suleiman Abba.

The case is being handled by Justice Bilikisu Aliyu of a Federal High Court in Yola.

Nyako claimed in the new application, seeking the court’s permission to apply for an order of mandamus against Auta, explained that though Bilikisu had fixed judgement in the matter for February 12, 2015, the judge could, however, not deliver the judgement as scheduled because Auta had “seized” the case file.

The former governor also stated that he is suspecting foul play, and that the seizure of the case file by Auta was intended to delay the judgment till after May 29 when his tenure would have elapsed thus rendering the case merely academic.

He prayed the court to grant his permission to apply for mandamus order against Auta, Nyako’s lawyer, Olukoya Ogungbeje said, “That all efforts to make the respondent (Auta) return the case file for the judgment of the court to be delivered proved futile.