Godwin Tsa, Abuja
A High Court of the Federal Capital Territory (FCT) has quashed the earlier summons issued against Hon. Femi Gbajabiamila by an Area Court directing him to appear before it on June 10, 2019.
In addition, the FCT High Court has equally ordered the Area Court to stay action in whatsoever manner on any case involving Gbajabiamila.
The Area Court judge, Hon Anas, Isah Mohammed, sitting in Karshi, has also been ordered by the High Court to transmit a certified record of proceedings of the lower court within seven days.
Justice Othman Musa of the FCT High Court, Bwari, gave the order following an ex-parte motion filed by Gbajabiamila.
The House leader had sued the African People’s Party (APP) and the Area Court judge, Anas, Isah Mohammed, seeking two reliefs.
“An order of this Honorable Court granting leave to the applicant to apply for judicial review for an order of certiorari to remove into this Honorable court for the purpose of its being quashed, the proceedings, decisions, criminal charge, and order of His Worship, Honorable Anas Isah Mohammed of Grade 1 Area Court, Karshi, Federal Capital Territory, Abuja, made on 30th May 2019, in Charge No: CR/349/2019 and Motion No M/19/2019, between African Peoples Party (APP) Vs. Hon Femi Gbajabiamiia (AKA Femi Gbaja).
“An order of this Honourable Court staying all proceedings and hearing of the criminal charges, actions, and decisions of His Worship, Hon. Anas Isah Mohammed of the Grade 1 Area Court, Karshi, Federal Capital Territory, Abuja, made on the 30th day of May 2019, in Charge No CR/349/2019 and Motion No M/19/2019, between African People’s Party (APP) Vs. Hon. Femi Gbajabiamila (aka Femi Gbaja), which affects the subject-matter of this application pending the hearing and determination of the Motion on Notice for an Order of Certiorari filed by the applicant herein.
In his ruling, Justice Othman Musa granted the ex-parte prayers of the applicant.
He said: “Where at any stage of proceedings before final judgment in any cause or matter in an Area Court a person alleges that he is not subject to the jurisdiction of Area Court, the proceedings shall, on the application of that person to the High Court be transferred to the High Court, which shall inquire into and determine the truth of the person’s allegation.
“It is for the reasons advanced above that I proceed to grant the application as follows:
“Leave is hereby granted to the applicant to apply for judicial review for the issuance of an Order of Certiorari to remove the whole proceedings, orders, pending applications and the entire record of Hon. Anas Isah Mohammad in Grade 1 Area Court of the FCT, holden in Karshi in charge number: CR/349/2019 and motion No: M/19/2019 between African People’s Party (APP) vs. Hon Femi Gbajabiamila (aka Femi Gbaja) into this court for the purposes of being quashed by way of judicial review.
“It is further ordered by virtue of Section 12(1) of the Federal Capital Territory Area Court Act and Order 44 Rule 3(6)(a) that the leave so granted above shall operate as a stay of further action or proceedings by the respondents, particularly the proceedings in Grade 1 Area Court (Coram Hon. A.I Mohammed) the 2″‘1 Respondents in this application, in CR/349/2019 is hereby stayed.
“It is ordered that the 2nd respondent (the Area Court judge) either by himself or the registrar of the Lower Area Court is to transmit a certified record of proceedings of the lower court into this court or make same available to the applicant upon payment of the required fee within 7 days from the service of this order.”
The case was adjourned to 20th of June 2019 for definite hearing of the motion on Notice of the Originating Summons.