High Court of the Federal Capital Territory (FCT) in Bwari has ordered stay of further proceedings in the case before a Grade 1 Area Court in Karshi, Abuja filed by the African Peoples Party (APP) against an aspirant for the office of the Speaker of the House of Representatives, Femi Gbajabiamila.
Justice Othman Musa, gave the order in a ruling on Thursday on an ex-parte application filed by Gbajabiamila.
Justice Musa also stayed the execution of an order made by the Area Court judge, Anas Isah Mohammed, directing Gbajabiamila to appear before his court on Monday in relation to the case by the APP.
The judge 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 Peoples 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 2nd respondent 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 seven days from the service of this order.”
Justice Musa adjourned till June 20, 2019 definite hearing of the originating summons.
The APP had, in its suit before the Area Court, accused Gbajabiamila of failing to mention that he was allegedly convicted for a crime by a Georgia Supreme Court when he was a lawyer in the United States of America (USA).
Gbajabiamila has since faulted the claim that he was convicted by the Supreme Court of the State of Georgia in the USA.
Director-General of the Gbajabiamila Campaign Organisation Abdulmumin Jibrin, said the claims by the APP were attempts to smear the character of the leading candidate for Speakership of the 9th Assembly.
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