Justice Abbas Bawale of a Katsina High court on Thursday, reserved ruling on a suit brought by former state Governor, Barrister Shehu Shema, challenging the constitutionality of the judicial commission set up by the state to probe his regime.
The judge said he would communicate the date of the ruling to all the parties in the suit.
Shema had dragged Governor Aminu Bello Masari and members of the judicial commission including its Chairman,Justice Muhammadu Ibrahim Suraj to court,pleading that he might not get fair hearing before the commission.
The former governor also challenged the constitutionality of the commission.
When the case came up for hearing, on Thursday, Shema’s Counsel,Barrister Dayo Akinlaja told the court that the six reliefs being sought before the court by the former governor bordered on his(the former governor)fundamental rights as a Nigerian.
He told the presiding judge”It is to be seen from the reliefs being sought that the singular thread that runs through entire garment and spectrum of the reliefs is issue of fair hearing and the unconstitutionality of the commission by reason of Applicant’s right to fair hearing.”
The counsel further told the court that he had filed a written reply to the preliminary objection raised by the defendants to the suit ,urging the court to grant the former governor all the six reliefs being sought”without exception”.
Lead Counsel to the respondents,Hassan Liman,SAN,in his argument,urged the court to dismiss Shema’s suit,for alleged incompetence .
The Senior Counsel pointed out that the former governor’s suit was not brought to court under proper procedure,observing that the suit ought to have been brought to the court under the high court civil procedure rule and not under fundamental rights enforcement procedure.
Liman told the court”The main plank of the applicant’s suit is to seek the setting aside of the judicial commission of enquiry.It is also to get an order of prohibition on 3rd to 11th defendants from sitting.That is the main plank of the applicant’s suit.We urge your lordship to disregard the suit.It is clear that the applicant is seeking for prohibition.This is recognized and known to the high court Civil procedure and not Fundamental rights enforcement procedure rules.The fundamental rights rules cannot be used to grant the applicant’s suit against the respondents.”
Liman equally told the court that his clients have filed preliminary objection and a joint counter affidavit on 24/6/16 against the main suit.
According to him, the counter affidavit “is of fifteen paragraphs and attached with six exhibits”,to justify why the court should dismiss Shema’s suit.
Justice Bawale,after listening to the arguments put forward by the counsels ,reserved his ruling,assuring to get across to all the parties on the date of the ruling.
Punch recalls that The Katsina state judicial commission probing the immediate past regime of former Governor Ibrahim Shehu Shema,last month, adjourned sitting indefinitely following a court action instituted against the commission by the former governor.
(Punch)
