A Federal High Court sitting in Yola, the Adamawa State capital, has dismissed a suit filed by former governor of the state, Admiral Murtala Nyako (rtd), challenging his impeachment by the state House of Assembly last year.
While delivering judgement in the matter, the presiding judge, Justice Bilikus Bello Aliyu, said the case brought before her by Nyako was an abuse of court process.
She said three suits are pending before competent courts on the same issue and, as such, she cannot entertain the suit. “This suit is an abuse of this court and courts should protect themselves from abuse,” she said.
The judge had, in the course of delivering the ruling, upheld the objection of the counsel to first respondent, Mr.Leonard Zadon, that the same case is pending before three high courts, stressing that it is an abuse of court process.
Justice Aliyu had earlier upheld the appellant’s argument that his right was grossly infringed upon by the respondent, citing section 36 of the 1999 Constitution of the Federal Republic of Nigeria as amended. “I cannot continue with this case as the court runs concurrently. We will not encourage litigants abusing court processes,” she added.
