The controversial plan by the government of former President Muhammadu Buhari to float a new national carrier, Nigeria Air, in conjunction with Ethiopian Airlines has again suffered a fresh setback as the Chief Judge of the Federal High Court, Justice John Tsoho, has cancelled the decision to transfer the suit of Airline Operators of Nigeria (AON) against Nigeria Air to Abuja, citing fundamental flaw in the judgement given by Justice Omotosho to the effect that counsel to Nigeria Air concealed some facts, which rendered the judgement null and void
The matter is now to continue in the Federal High Court in Lagos.
The letter emanating from the Chief Judge’s Chambers addressed to Dr Alex A. Izinyam(SAN), PhD, OFR, resolved that the matter is now to continue in the Federal High Court (FHC), Lagos
The letter titled Re: Judgement In Suit No. FHC/ABJ/CS/271/2023 between the Registered Trustees of the Airline Operators of Nigeria and 5 ORS V. J.T. Tsoho drew their attention to the non-disclosure by the counsel’s clients that there was a pending motion for the transfer of the case while making an administrative application to the same effect.
The letter, signed by the Chief Judge, Honourable Justice John T. Tsoho, OFR, read: “Please refer to your letter dated May 4, 2023, on the above subject matter.
It has reported the delivery of Judgement in the aforementioned suit by Hon. Justice J.K. Omotosho on April 27, 2023, dismissing the said suit for lack of a cause of action and abuse of court process.
“The Plaintiffs in the said suit challenged the 1st defendant, J.T. Tsoho, Chief Judge of the Federal High Court, who acted in his Judicial capacity by transferring Suit No. FHC/LICS/2159/2022 from Lagos to Abuja Judicial Division.
“While noting the dismissal of Suit No. FHC/ABJ/CS/271/2023, may I humbly draw your attention to my earlier letter addressed to you, dated March 9, 2023, particularly to paragraphs 8, 9, and 10 thereof regarding Suit No. FHC/L/CS/1999/2022?
This is to the effect that non-disclosure by your clients that there was a pending motion for the transfer of the case while making an administrative application to the same effect rendered the application fundamentally flawed.
“As a result, I resolved to reverse the transfer of the case, but for the pendency of Suit No. FHCIABJ/CS/271/2023.
“Therefore, following the dismissal of Suit No.FHC/ABJ/CS/271/2023 by Hon. Justice Omotosho, the transfer of Suit No. FHC/L/CS/2159/2022 is hereby cancelled.
Accordingly, the case file in respect of the said suit is hereby remitted to the Federal High Court, Lagos, for hearing and determination of the pending application for transfer by Hon. Justice A. Lewis-Allagoa.”
The AON had earlier in the year dragged the then government, including the former minister of aviation, Senator Hadi Sirika, to the Federal High Court in Lagos, asking the judiciary to stop the execution of the national carrier project.
The then Minister, however, got another judgement approving the transfer of the case to Abuja, which the airlines vehemently rejected.
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