Justice Emeka Nwite of the Federal High Court, Abuja, has again adjourned indefinitely a suit filed by a chieftain of the African Democratic Congress (ADC), Nafiu Bala Gombe, following a request by the plaintiff seeking the transfer of the case to another judge.
Justice Nwite adjourned the matter sine die after parties clashed over a letter written by the plaintiff to the chief judge of the Federal High Court seeking the reassignment of the suit.
At Friday’s proceedings, counsel for the plaintiff, Luka Haruna, informed the court that the apex court had on April 30 delivered judgment in the interlocutory appeal.
Haruna said the Supreme Court dismissed the appeal for lack of merit and also set aside the Court of Appeal’s order staying proceedings in the substantive suit.
The lawyer, however, disclosed that the plaintiff had, through a letter dated May 4, 2026, applied to the chief judge of the Federal High Court for the transfer of the case to another judge.
He said the letter had already been transmitted to the court registrar and urged Justice Nwite to await the administrative decision of the chief judge.
The request immediately drew strong opposition from the defence team, which accused the plaintiff of attempting to frustrate the accelerated hearing earlier ordered by the Court of Appeal and upheld by the Supreme Court.
Counsel for the first defendant, Realwan Okpanachi, who held brief for Shuaibu Aruwa, argued that the plaintiff had misrepresented the outcome of the Supreme Court judgment.
According to him, the apex court partially allowed the appeal and specifically upheld the appellate court’s order directing accelerated hearing of the case.
Okpanachi further faulted the plaintiff for allegedly ambushing the defendants with the transfer request.
He added that they consider it an attempt to frustrate the order of accelerated hearing granted by the Court of Appeal and upheld by the Supreme Court.
The senior lawyer maintained that litigants were not permitted to choose courts or judges to determine their cases.
He, however, urged the court to maintain the earlier order adjourning the matter sine die pending the filing of the certified true copy of the Supreme Court judgment.
Counsel for the second defendant, Sulaiman Usman, also condemned the plaintiff’s move, describing it as “forum shopping and judge shopping”.
Usman told the court that the Supreme Court had commended Justice Nwite “in glowing terms” over his handling of the proceedings.
Responding, Haruna faulted the defence for attacking a letter they had not seen, insisting that the plaintiff stood by its application.
Justice Nwite subsequently held that the court could not take any decision on the letter without hearing all parties.
“Taking a decision or any action in such a letter without hearing from the defendants will amount to a breach of their fundamental right in this suit,” the judge ruled.
He added that since the letter was addressed to the chief judge, the trial court could not make any pronouncement on it.
“This matter is best adjourned sine die to afford the parties the opportunity to properly file a Certified True Copy of the judgment of the Supreme Court in the interlocutory appeal in the suit, to serve the defendants with the letter addressed to the Honourable Chief Judge, and finally to await further or any directive from the Chief Judge of the Federal High Court,” Justice Nwite said.
The matter was thereafter adjourned indefinitely.
