By Yahaya Zakka Minna.
Hon.Justice Halima Ibrahim Abdulmalik of High Court Minna has vacates the order earlier committed on the Chìef of Army staff (COAS) Lieutenant General Faruk Yahaya and the Commander of Training and Doctrine Command of the Nigeria Army(TRADOC) Minna, Major General Stevenson Olugbenga Olabanji.
The Order follow an application by counsel to the sixth and seventh Defendants, Barrister Piye Yakubu Garba seeking the vacation of earlier order requesting the committal of the Chief of Army Staff and the TRADOC Commandant to be arrested and remanded in the state Costodial center for contempt of court.
The defense counsel Barr Garba informed the Court that the Witness that supposed to give evidence in respect of the matter could not appear before the Court because he was been assigned official assignment and prayed court to adjourned for the continuation of the case.
Justice Halima Abdulmalik upon hearing on notice brought pursuant to Order 39 rules1 and 2 of the Niger state High Court, civil procedure, rules 2018, section 36(1) of the 1999 constitution of the Federal Republic of Nigeria 1999 as amended and under the inherent jurisdiction of this Honourable court moved by P. Y Garba Esq. Counsel to the 6th and 7th Defendants/Applicants, praying for the following orders.
‘An Order of this Hon Court setting aside it’s Order for committal against the 6th and 7th Defendants/Applicants delivered on the 28th of November, 2022. and for such further order or order(s)as the Honourable court may deem fit to make in the circumstances.
Justice Halima In view of the compliance with the Order of the court made on 28/11/2022 thereby vacated the earlier order.
The Judge then adjourned to the 6th of February 2023 for the continuation on the matter.
Recalled that Justice Halima Abdulmalik of the presiding Judge had initially gave order on the eight December for the arrest of the Chief of Army staff Faruk Yahaya and the TRADOC Commander Minna, Maj General Stevenson Olugbenga for contempt of court order.
The Order which was issued on the 12/October/2022in a suit NSHC/MN 225/2019 between Adamu Makama and 42 other’s as complainant’s and the Executive Governor, Niger state and six others as defender’s.
