The Senator representing Niger South in the National Assembly, Mustapha Sani-Mohammed, has petitioned the National Judicial Council, NJC, demanding an investigation into alleged delay by the Federal High Court in delivering judgement on the suit he filed.
DAILY NIGERIAN reports that the Senator is in court to challenge his arbitrary replacement as the All Progressives Congress, APC, flag-bearer in the Niger South Senatorial District, even after having won his primary elections.
In the petition dated April 1 and obtained by the DAILY NIGERIAN, Mr Sani-Mohammed prayed that the NJC should investigate the judicial conspiracy, delay and ‘incredible transfer’ of the matter to Minna High Court.
He also prayed that Judge of the Federal High Court, Minna should be directed to speedily hear the matter, “possibly on a day to day basis till final determination of the case is done before the lapsing of the remaining 21 days.”
Mr Sani-Mohammed recalled that the suit was instituted on October 30, 2018, adding that the last hearing on the case was done on March 13 before been adjourned to March 29 for the judgement.
According to him, the case had been suffering “incredible transfers” for a period of five months without getting attention, even as cases like these have only a six-month lifespan.
“Surprisingly, without recourse to the exceptional circumstances supplied by the limitations law of the 1999 Constitution under section 285(10) which has made the suit time bound, the trial judge made an incredible order transferring the matter to Minna Division,” the petition noted.
The Senator, therefore, appealed to the NJC to persuade the Chief Judge of the Federal High Court and the presiding Judge of the Federal High Court sitting in Minna to act expeditiously to avoid the impending doom orchestrated against the justice of the matter.
“The matter has already spent 5 months out of the 6 months lifespan at Abuja Division (of the High Court), it is necessary to backup the presiding judge in Minna with extra directive for a speedy hearing.
“According to the Section 285(10) of the Constitution, the court has limited time to deliver judgement. More so, the case has provided a proper circumstance to activate the Powers of the NJC in the interest of justice,” the petition stated.
DAILY NIGERIAN reports that others copied in the petition were the Acting Chief Justice of the Supreme Court, the President of the Court of Appeal, the Attorney General of the Federation as well as the Acting Chairman of the Economic and Financial Crimes Commission, EFCC.
In a separate interview with DAILY NIGERIAN, the Senator alleged that there could be complicity on the part of the judges of the Federal High Court who kept handing off the case allegedly at the behest of the Defendants who, according to him, were bent on frustrating the judgement.
Mr Sani-Mohammed recalled that his ordeal began after the APC Primaries in the state when his name was substituted with another candidate even after winning the primary election in his senatorial district.
According to him, somehow along the line as names of Senatorial Candidates were to be submitted to the INEC, his name was replaced with Bima Mohammed Enagi, “who did not win the primaries and was not affirmed by the National Headquarters.”
“After the primary election of the APC which held on the 2nd October, 2018 where I emerged winner of the concluded primaries in Niger South senatorial district and was issued result of the primaries signed by the chairman, secretary and the returning officer that conducted the elections, the APC National headquarters issued an affirmation to us, the three serving senators, which was signed by the National Chairman, Adams Oshiomhole.
“Somehow along the line as names of Senatorial Candidates were to be submitted to the Independent National Electoral Commission, INEC, my name was replaced by Bima Mohammed Enagi who did not win the primaries and was not affirmed by the National Headquarters.
“This made it necessary for me to take the matter to a federal high court,” he pointed out.
