Abdulmumin Jibrin
Justice Okon Abang of a Federal High Court in Abuja on Wednesday refused to hear two separate suits filed by a former Chairman, Appropriation Committee, House of Representatives, Abdulmumin Jibrin, in relation to his travails which followed the crisis of alleged budget padding in the lower legislative chamber.
Justice Abang, who is currently sitting as a vacation judge, refused to hear the suit on Wednesday because the plaintiff failed to obtain the court’s leave to have his cases heard during the ongoing vacation, Punch reports.
A plaintiff who files a suit during the court’s vacation is expected to file an ex parte motion to prove to the judge that his or her suit is a matter of urgency which its hearing should not be delayed.
On Wednesday, Hon. Yakubu Dogara’s lawyer, Mr. Abdulhamid Mohammed, urged the court to hear him out on the two cases which were both listed for hearing, but the judge turned down the request on the grounds of the counsel’s failure to comply with the court’s rules.
Justice Abang ruled as he declined to hear the first case, “A matter filed during court vacation is not heard as a matter of cause.
“The applicant is expected to apply and obtain the leave of court to have his matter herd during the court vacation in line with the provisions of Order 46 Rule 5 of the Federal High Court Civil Procedure Rules 2009. I so hold.
“This applicant did not do so. I do not have jurisdiction to even grant an adjournment of this suit.
“It is expected that the applicant will do the needful to comply with the provisions of the rules of this court.”
Justice Abang, who is currently sitting as a vacation judge, refused to hear the suit on Wednesday because the plaintiff failed to obtain the court’s leave to have his cases heard during the ongoing vacation, Punch reports.
A plaintiff who files a suit during the court’s vacation is expected to file an ex parte motion to prove to the judge that his or her suit is a matter of urgency which its hearing should not be delayed.
On Wednesday, Hon. Yakubu Dogara’s lawyer, Mr. Abdulhamid Mohammed, urged the court to hear him out on the two cases which were both listed for hearing, but the judge turned down the request on the grounds of the counsel’s failure to comply with the court’s rules.
Justice Abang ruled as he declined to hear the first case, “A matter filed during court vacation is not heard as a matter of cause.
“The applicant is expected to apply and obtain the leave of court to have his matter herd during the court vacation in line with the provisions of Order 46 Rule 5 of the Federal High Court Civil Procedure Rules 2009. I so hold.
“This applicant did not do so. I do not have jurisdiction to even grant an adjournment of this suit.
“It is expected that the applicant will do the needful to comply with the provisions of the rules of this court.”
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