The Court of Appeal has dismissed the application of its former president, Justice Ayo Salami, to compel the Federal High Court to hear the suit against his suspension.
Delivering the ruling on Friday in Abuja, Justice Husseini Muktar held that the application was incompetent.
He said the Federal High Court was yet to transmit the needed documents on the matter to it as provided by Order 5, Rules 1 and 2 of the Appeal Court.
Mr. Muktar held that the court was not in full knowledge of the matter, adding “it is imperative for the applicant to follow the due process of the law.
“In view of the clumsy nature of this application, it is hereby struck out as it lacks merit.
“We will not give directive on a matter that is naturally billed to be filed in the National Industrial Court to be heard in the Federal High court.’’
Justice Salami had approached the court with the application to prevent the forwarding of the main suit to the National Industrial Court.
He had on Aug. 18, 2011 filed a suit before the Federal High Court in Abuja against the National Judicial Council (NJC) over his suspension for alleged official misconduct.
NAN reports that the NJC had challenged the jurisdiction of the lower court, saying it was a labour issue which should be heard at the Industrial Court.
Mr Olumide Olujinmi, counsel to Mr. Salami, had said his client had officially applied for the transmission of the documents.
He argued that it was the duty of the lower court to transmit the documents to the appellate court.
The counsel had prayed for a short adjournment to enable his client facilitate the transmission of the document.
According to him, the plaintiff should not be made to suffer for the slip in the oversight function of the lower court.
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