….as defendants allege bias, ask judge to hands off case
From Lateef Taiwo
A High Court of the Federal Capital Territory sitting at Maitama, on Thursday, adjourned further hearing on the leadership crisis rocking the Staff Multipurpose Cooperative society of the Nigeria National Petroleum Company, NNPC, Limited, till November 8.
Justice Charles Agbaza held that the court would on the next date, equally hear a motion that 15 staff members of the NNPCL who are defendants in the matter, filed to disqualify him from presiding over the case.
The defendants, through their team of lawyers led by Mr. Ibrahim Idris, SAN, is asking the judge to recuse himself, insisting they were not comfortable in his ability to resolve the leadership dispute, objectively.
They alleged that some of the interim orders the judge made in the matter reflected his bias against them.
“The defendants, on whose behalf the instant application is brought, have lost total and complete faith and confidence in the ability of the presiding judge in this matter to continue to entertain this suit and serve justice without bias.
“The conduct of the presiding judge during the hearing of this suit, and particularly judging from the nature of the orders of the presiding judge so far in the suit, it only points to one impeachable conclusion that the defendants are not likely to access justice in this honourable court hence the request that the presiding judge recuse himself from further presiding over this suit,” the 15 NNPCL staff members added.
The defendants, in the motion they predicated on Section 36(1) of the 1999 Constitution, as amended, noted that the court had on October 3, while there was a contention between two lawyers over who was validly briefed to represent the Cooperative Society (16th defendant), ordered one Mr. Lekan Ogunbayo to appear to clarify who he had instructed as the President of the Management Committee of the Cooperative, to defend it in the matter.
According to the defendants: “The fulcrum of the substantive suit principally revolves around whether the tenure of the Management Committee led by Mr. Ogunbayo (which had been removed by the Congress of the Association as at then) was subsisting.”
“The status quo ante bellum was that an interim Management Committee led by the 2nd and 3rd defendants as the President and Secretary, respectively, had been appointed by the Congress of the 16th defendant and indeed, had been performing the functions of their offices, hence the challenge of the said decision by Claimants before this honourable court.
“The decision of the Court ordering the appearance of the said Mr. Ogunbayo in the circumstance, had prejudged the suit at the interlocutory stage.
“Furthermore, the order made by the court on 10th October, 2024, directing that the interim order of injunction made on the 30th of May, 2024, shall abide pending the hearing of the consolidated applications and substantive suit without hearing the defendants on whether or not it is suitable to grant an injunction in the circumstance, amounts to a denial of fair hearing of the defendants.
“The decision of the honourable court to extend the interim order of injunction in the circumstance without hearing the other side, amounts to a perversion of justice,” they added.
Justice Agbaza, who acknowledged receipt of the motion, adjourned to hear all the pending applications in the matter.
The suit, marked: FCTHC/ABJ/CV/260/2024, was brought before the court by four aggrieved members of the Cooperative- Eze Onwuneme, Chamberlin Ajagba, Alhaji Ibrahim Yakubu and Bello Mohammed Garba.
Cited as defendants in the matter, are; Engr Josiah Gbemi Omole, Udo Iboro, Ituah Aikhena, Osondu Ibeji, Farouk Achimugu, Prince Etuwewe, Nura Bello, Micheal Adejoh, Sambo Abdulaziz. Vincent Orji, Saint Kamvene, Braimoh Sunday Joseph and Galadima Immanuel.
Other defendants, are; Engr Iliya Yusuf, Musa Garba Abubakar and the NNPC Ltd Staff Multipurpose Cooperative Society itself.
Earlier in the proceeding on Thursday, counsel for the plaintiffs, Mr. George Ibrahim, SAN, indicated his readiness to withdraw a contempt charge his clients initiated against the Director in charge of Human Resources Department of the NNPCL, Mrs. Fatima Yakubu, over an allegation that she flouted the interim orders of the court with respect to the matter.
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