Even as he hailed the decision to reassign Suit No. KDH/KAD/202/2017 filed before Kaduna State High Court, former Military Administrator, Col John I. Ubah has frowned at the Chief Judge’s inability to make a written formal reply of his application available to him.
Col. Ubah in a letter dated August 1, 2017, addressed to the Chief Justice, in which he copied the Chief Justice of Nigeria, Minister of Justice, Chairman Presidential Advisory Committee on Corruption, Presiding Judge, Kaduna State High Court 13 and counsel to the plaintiff, Chris A. Ekhasemomhe & Co, said that his observation was backed by last paragraph of Hearing Notice.
“My observation, informed by the instruction at the last paragraph of the Hearing Notice that ‘If either party desires to use evidence at the hearing any book or document in the possession or power of the other party, he must give the other party reasonable notice in writing to produce it at the hearing, failing which he will not be allowed to give any secondary evidence of its contents’.
” I therefore consider your Lordship to consider it necessary to make available to me, the written reply to my application for reassignment, to enable me adequately prepare for my defence, please,” the letter which has been acknowledged by the counsel to the plaintiff and the Kaduna State High Court, both on August 2, stated.
Meanwhile, the case which was billed for August 2, could not hold because of the annual vacation of the judiciary
When fielding questions from newsmen after he learnt of the new date set for the matter, Col Ubah said that it was unfortunate that they knew they were embarking on vacation, yet fixed his suit on a date the knew it wouldn’t hold.
“I’m surprised that today, 2nd of August which was given to me for my case, only to come here and learn that they are on annual recess which commenced yesterday.
” They should be better organised and know their time table, not to fix case on that they know it won’t hold. I have been told by the registrar that it has been adjourned to the 4th of October 2017,” he said.
Commenting on the defamation of character charges against him, Col Ubah said that it was unfortunate that he did a noble thing and got slammed with the charges.
“This came about as a result of the petition I wrote which was acknowledged in December 2016. I am being sued because I made a report on corruption. I am being sued for defamation of character,” he stressed.
It would be racalled that as a result of several allegations on corruption in the judiciary, the Chief Justice of Nigeria (CJN) had in May 2017, urged Nigerians to petition corrupt judicial officers.
The CJN in a report published by Daily Trust on May 22, 2017, said that advantage should be taken through established institutions assigned to probe allegations of corruption against judicial officers.