Nafiu-Bala Gombe, a factional leader of the African Democratic Congress, ADC, has applied for the transfer of his case against Sen. David Mark-led leadership and Rauf Aregbesola, former governor of Osun state from Justice Emeka Nwite of the federal high court in Abuja.
At the resumed hearing on Friday, Luka Haruna (SAN), counsel to Gombe informed the court that his client had written to the chief judge of the federal high court, Justice John Tsoho, requesting that the case be reassigned to another judge.
Haruna said the application followed the outcome of an interlocutory appeal filed by Mark, which had gone up to the supreme court.
According to him, the apex court on April 30 dismissed the appeal for lacking merit and set aside the order of the Court of Appeal staying proceedings in the matter.
He told Justice Nwite that the case had earlier been adjourned indefinitely pending the determination of the appeal.
“At this juncture, we humbly pray to your lordship to await the administrative decision of the Chief Judge,” Haruna said, adding that his client would abide by whatever decision was taken on the request.
However, lawyers representing the defendants opposed the move, describing it as an attempt to frustrate proceedings.
Rilwan Okpanachi, counsel to the ADC argued that the supreme court also upheld the court of appeal’s order for accelerated hearing of the suit.
He noted that parties were yet to obtain the Certified True Copy of the apex court judgment to fully understand its implications.
Okpanachi further said the request for reassignment had not been served on the defendants, describing the move as “an ambush.”
“We make bold to say that a litigant is not allowed to choose which court his case should be decided in,” he argued.
Suleiman Usman (SAN), counsel to Mark also faulted the application, saying the private correspondence to the chief judge amounted to forum shopping and judge shopping.
Usman maintained that there was no order from the Supreme Court directing that the matter be reassigned to another judge.
Other lawyers in the matter, including counsel representing Ralph Nwosu, former ADC national chairman and a party seeking to join the suit, aligned with the objections raised against the transfer request.
Following submissions from all parties, Justice Nwite stepped down the matter to deliver a ruling.
