A Kogi State high court sitting in Konmton-karfe, on Thursday restrained the state governor, Alhaji Yahaya Bello, and the State House of Assembly from taking steps that could hinder the discharge of the duties of the Chief Judge of the state, Justice Nasiru Ajanah, and his Chief Registrar, Yahaya Adamu.
The court gave the order following an exparte application brought by the Ajana and Adamu, seeking an order of the court to restrain the defendants from the action that could affect the delivery of justice in the State.
The plaintiffs had approached the court following a purported plan by the House of Assembly to investigate them and the state judiciary based on a petition to the assembly Secretary to the State Government (SSG), Mrs Folashade Ayoade.
The SSG had in the petition claimed that there was an impasse between the executive and judiciary arms of the state.
The petition, however, may not be unconnected with the refusal of the judiciary arm to submit itself to screening as the state government directed them to also partake in the table payment arrangement for the payment of part of their five months outstanding salary.
The assembly however on Tuesday set up an ad-hoc committee to look into the alleged “impasse between the judiciary and the executive arms of government with a view to providing guidance and way forward.”
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It was however learnt that the assembly was planning to ask Ajana to step aside for the duration of the period of the investigation.
However, in the ex-parte application filed by counsel to the Chief Judge and the Chief Registrar, Yemi Muhammed, the plaintiffs sought the court’s urgent intervention through three prayers.
They requested for an interim injunction restraining the defendants from threatening or interfering in the discharge of the duties of the applicants.
The application also urged the court to restrain the defendants from taking cognisance of any report emanating from the ad-hoc committee set up by the state assembly on 11th December 2018 pending the determination of the substantive suit.
Apart from these, the plaintiffs also asked the court to also expedite action on the matter expeditiously through accelerated hearing.
Joined as defendants in the matter were the Kogi state house of assembly, the speaker, Mathew Kolawole; the chairman of the ad-hoc committee, Hassan Abdullahi; the governor and the Attorney-General of the State.
Justice Alaba Ajileye, while granting the application, said he was convinced on the strength of the facts deposed to in the affidavit in support of the motion that “an urgent intervention of this court is required to maintain the status quo ante bellum between the parties, lest the claimants/applicants be clogged with a fait accompli.”
While also granting the request for the accelerated hearing of the motion, the court adjourned to December 18, 2018, and directed that the order is served on all the defendants.
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