The presiding judge of the Federal High Court Gusau Justice Aminu Bappa has refused a request by the counsel to the people’s Democratic Party P.I.N Ikwueto SAN to transfer the case filed by Dr. Ibrahim Shehu Gusau against Dr. Dauda Lawal and People’s Democratic Party to Abuja over reason of
When the matter came up on Wednesday 26th October 2022 Justice Aminu Bappa acknowledged the receipt of a letter from Barr. P.I.N Ikwueto SAN counsel to the 1st, 3rd and 4th defendants requesting for the court to transfer the matter to Abuja over insecurity.
But Justice Bappa refused the request and ordered parties to instead prepare to adopt their final written addresses on Monday the 31st of October 2022.
The refusal to transfer the case as requested by the defendants may not be unconnected with the provision of Rule 8(1) of the Federal High Court Practice Directions for pre-election matters 2022 which provides that:
“All suits wherein the cause of action arose in a judicial division and the reliefs seeks a declaration or to compel or restrain person(s), natural or legal within that judicial division with no consequence of it shall be filed, received or heard only within that judicial division”.
Based on this ruling on the time frame sets for adoption of written addresses, the judge may also be conscious of order 6(1), (2) and (3) of the Federal High Court Practice Directions for pre-election matters 2022 which provides that:
“Upon the close of exchange of processes between the parties, the court shall within 7 (seven) days set down the matter for hearing”.
“The court shall continue to accord priority to all pre-election matters until judgement is delivered”.
“Where a matter comes up for hearing under this practice direction and either of the parties is absent, the court shall either SUO MOTU or upon oral application by the counsel for the party present order that the address of the party absent be deemed adopted if it is satisfied that the parties had notice of proceedings”.
It could be recalled that, Dr. Ibrahim Shehu Gusau and Hafiz Aliyu Muhammad approached the Federal High Court Gusau challenging the recent pdp primaries for non compliance with the mandatory provisions of Section 82(1) of the electoral act 2022 as amended and part V8(A) of the PDP guidelines for the conduct of primaries.
