A Federal Capital Territory (FCT) on Thursday, adjourned further hearing in the leadership crisis suit rocking the Staff Multipurpose Cooperative society of the Nigeria National Petroleum Company, NNPC, Limited until Nov. 8.
Justice Charles Agbaza in a ruling said he would hear a motion filed by the 15 defendants, asking him to disqualify himself from presiding over the case.
The defendants, through their team of lawyers led by Mr Ibrahim Idris, SAN, asked the judge to recuse himself, insisting they were not comfortable with 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.
“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 rescues himself from further presiding over this suit,” the defendants pleaded.
The defendants, predicated their motion on Section 36(1) of the 1999 Constitution, as amended.
They claimed that the court had made an order on Oct 3, while there was a contention between two lawyers over who was validly briefed to represent the Cooperative Society (16th defendant).
They added that the court 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.
They said that the fulcrum of the substantive suit principally revolves around whether the tenure of the Management Committee led by Mr Ogunbayo (who 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.
” Indeed, they 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 Oct 10, 2024, directing that the interim order of injunction made on May 30, 2024, shall abide pending the hearing of the consolidated applications.
” Also, of the 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, however, adjourned to hear all 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.
The defendants in the matter, are; Josiah Gbemi Omole, Udo Iboro, Ituah Aikhena, Osondu Ibeji, Farouk Achimugu, Prince Etuwewe, Nura Bello, Micheal.
Others are Adejoh, Sambo Abdulaziz. Vincent Orji, Saint Kamvene, Braimoh Sunday Joseph and Galadima Immanuel.
Also joined as defendants are, Iliya Yusuf, Musa Garba Abubakar and the NNPC Ltd Staff Multipurpose Cooperative Society itself.
At the resumed hearing, counsel for the plaintiffs, George Ibrahim, SAN, indicated his readiness to withdraw a contempt charge his clients initiated .
It was 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