Former Acting Governor of Adamawa State and present speaker of the house of the assembly in the same state , Umaru Fintiri, has
asked the National Judicial Council, NJC, to investigate Justice Adeniyi
Ademola of the Federal High Court in Abuja, over his alleged refusal to furnish
his lawyers with a copy of the judgment that sacked him from office.
In two separate petitions sent through the law firm of a
former Attorney General of the Federation and Minister of Justice, Chief Bayo
Ojo, SAN, he accused the high court judge of deliberately frustrating his
appeal against the verdict that not only ousted him, but equally stopped the
Independent National Electoral Commission, INEC, from conducting a governorship
bye-election in the state on October 11.
The two petitions endorsed by another Senior Advocate of
Nigeria, Chief Duro Adeyele, SAN, were dated October 10 and 14, respectively.
According to him:
“To begin with, though Tuesday 7th October
was a public holiday, I got a phone call at about 6:19 pm from someone who
claimed to be the secretary to the presiding judge of Federal High Court No 6,
Abuja intimating me that judgment in the above quoted suit would be delivered
the next day Wednesday 8th October.
“I was not in Abuja and I therefore instructed one of my
junior colleagues in chambers to go for the judgment. I also emphasized that he
should obtain a certified true copy of the judgment as my expectation was that
His Lordship would make a copy of the judgment available to parties knowing the
constitutional and political nature of the case. However, no copy of the
judgment was made available”.
“On getting back to Abuja on the same Wednesday 8th October,
I instructed one of my junior colleagues in chambers to apply for a certified
true copy of the said judgment to concretize the notice of appeal which I had
instruction of my client to file. However, up till close of business of that
day, the judgment was not made available. Nevertheless, I still went ahead to
file a notice of appeal based on what my junior heard in court.
“My Lord, to my shock and surprise, up till the close of
business the next day Thursday and Friday, Ademola J. refused to release the
said judgment and there is no indication from the court when it will be ready
and made available to me. One would expect that in a matter such as this, his
Lordship should have gotten the judgment ready before delivering same.
“What now compounded the situation is that even though I was
not availed a copy of the judgment, an enrolled order of the judgment was
served on INEC headquarters Abuja by 11:28 am on the date of judgment, 8th
October, and by 2pm of the same day, a copy of the said enrolled order was
taken to the Chief of Staff of my client at the government house, Jimeta, Yola,
Adamawa State.”
Likewise, Fintri, in his follow-up petition, told the NJC
that on October 13, “We again sent one of our colleagues in chambers to the
said court to obtain a certified true copy of the judgement. However and to our
chagrin and consternation, the Court Registrar again informed our colleague
that the judgment was not ready for certification as it was still being typed.”
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