Kogi CJ, Kogi, Assembly, Govt face off : Govt opted for out of court Settlement 




The Kogi State Government and the state House of Assembly have resolved to settle out of court over a case instituted by the Chief Judge of the state, Justice Nasiru Ajanah.


The Chief Judge of the state, Justice Nasir Ajanah and the Chief Registrar of the court,  Mr Yahaya Adamu , had approached the court last week in the wake of the purported plan by the assembly to investigate them and the state judiciary.


This was sequel to a petition to the state Assembly by the secretary to the state government, Folashade Arike Ayoade against the judiciary purporting an impasse between the executive and judiciary arms of the state.

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When the case came up yesterday, counsel for the defendants, Mr Rotimi Oguneso, SAN, announced his personal conviction that the nature of the matter was such that ought to be resolved out of court.


He, therefore, applied for an adjournment to allow him explore the possibility of setling out of court.


Chief Adegboyega Awomolo, SAN, who led four other Senior Lawyers , for the appellants, did not oppose the application.


He, however, applied for extension of time of the lifespan of the earlier orders of the court, to avoid embarrassment to the parties.

In his ruling, the presiding judge, Justice Alaba Omolaye-Ajileye noted that it was part of the duties of a court to encourage amicable settlement of matters out of court.

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He commended the initiative of Mr Oguneso, SAN, in seeking to get the matter resolved out of court.


The judge, however, held that the fears expressed by Chief Awomolo, SAN, over the need to preserve the res of the matter was well-founded.


Justice Omolaye-Ajileye stated that it was expedient that the lifespan of his earlier orders be extended in the interest of justice and in order to prevent occurrence of any irreparable mischief.


He, accordingly, ordered that his earlier orders remain in force, pending the hearing and determination of the motion on notice of 12th December, 2018.

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He further restrained the defendants from taking any step, under any guise, that will have the effect of frustrating the case.


He adjourned the case to the 4th February, 2019.


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