By: Joy Odor/Kaduna
Former military Administrator of Kebbi State and one time Secretary General of Arewa Consultative Forum Colonel John Ubah, has requested for the withdrawal of Justice D. H Khobo, the presiding Judge in a suit no KDH/KAD/202/2017 filed against him by Mr. Lawrence Enyesiobi citing unwarranted frustrations as he has refused to call the case for hearing since it was transferred to him on June 19, 2017 and therefore wants the state’s judiciary to act fast.
According to Col. Ubah normal legal procedures require a case to be heard in 180 days of transfer, and Justice Khobo has refused to honour the procedure.
“This case was transferred to him on June 19, 2017 and it is expected to have been heard in not later than 180 days and this is why it is supposed to be heard today December 14, 2017”.
The ex-MILAD is of the opinion that judge is deliberating frustrating him because he had asked in a letter to the Judge (December 13, 2017) that he the (judge) grants him and the plaintiff audience in his chambers since the case hasn’t been called. And the Judge is yet reply “.
“My observation is on the violation of Kaduna State high Court (Civil Procedures) Rules, 2007 order 42, miscellaneous Provision, paragraph 2, which is explicit with respect to public or private sitting of the Court”.
The Arewa Consultative Forum stalwart added that he copied the lawyer to the plaintiff Chris A. Ekhasemomhe who in his reply did not give any substantial reason for boycotting the said meeting and neither has the judge commented on the said issue.
“Owing to the Judge’s resolve not to hear the case, I am asking that the case be re-assigned to another Judge because, I believe he is trying to frustrate me because the press is involved in coverage of the suit”, he stressed.
It would be recalled that Col. Ubah has asked that the case be withdrawn from the former Judge, his request was granted and the case was re-assigned to the present Judge, Justice Khobo on June 19, 2017.