FCT High Court Judge, Ogbonnaya, Accused of Withholding Judgment in an Unlawful Sale of Hospital
A judge of the Federal Capital Territory (FCT) High Court, Justice K. N Ogbonnaya, has been accused of withholding judgment in a motion challenging the unlawful sale of the multi-billion-naira Referral Hospitals Limited, Abuja, by a commercial bank without the knowledge of the owner of the health institution.
PRNigeria gathered that Justice Ogbonnaya, sitting at Kubwa division of the court, heard a motion seeking reversal of the purported sale of the hospitals by Guaranty Trust Bank to a private company, Riok Nigeria Limited, since December 2023, has refused to deliver a ruling in the motion.
In a protest letter to the Chief Judge (CJ) of the FCT High Court, Hon Justice Hussein Baba Yusuf, the owners of the hospitals expressed their deep concern and frustration with the silence of Justice Ogbonnaya since December 1, 2023, when she heard the motion and reserved ruling.
In the protest letter, a Director of the hospitals, Mohammed Zahradeen Baba-Kusa, craved the Chief Judge’s indulgence to intervene by compelling Justice Ogbonnaya to deliver her ruling in the alleged fraudulent sale of the hospitals for parties to know their respective fates.
The motion marked M/14135/2023 in suit FCT/HC/CV/135/2022 was said to be between Riok Nigeria Limited Versus Guaranty Trust Bank Plc, Inspector General of Police and Referral Hospitals Limited.
It was filed by a Senior Advocate of Nigeria (SAN), Solomon Umoh SAN, on November 10, 2023 on behalf of the hospital owners but heard since December 1, 2023 by Justice Ogbonnaya after which the Judge reserved ruling till a date to be communicated to parties.
The hospital owners, however lamented that ever since then, nothing has been heard from Justice Ogbonnaya while efforts to get the ruling delivered have been unfruitful.
A letter seeking delivery of the ruling dated April 4, 2023 was received in the registry of Justice Ogbonnaya on April 5, 2024 without any response.
The protest letter to the Chief Judge dated May 2, 2024 read in part “Reliance Referral hospital limited registered under the Company and Allied Matters Act vide motion number
M/14135/2023 applied to Honourable Justice K. N Ogbonnaya of Court 16 sitting in Kubwa.
“The motion prays the Honourable Court to set aside its judgment delivered on August 4, 2022 in suit number FCT/HC/CV/135/2022 between Riok Nigeria Limited Versus Guaranty Trust Bank Plc and one other on the grounds of lack of fair hearing, fraud, deceit, suppression and concealment of facts by the plaintiff/ Claimant which led Court to enter judgment in the suit.
“The motion was argued on 1st day of December 2023 and My Lord reserved ruling and informed counsel to both parties that a date would be communicated to them for the ruling.
“Since the 1st day of December 2023 till date, no date has been communicated to the parties or their counsel for the ruling.
“The applicant, after waiting for too long for the ruling to be delivered, wrote to the Honourable Court on April 4, 2024 drawing the attention of my Lord which was received and acknowledged by the registry on April 5, 2023 requesting the court to deliver its ruling so that parties will know their fate.
“Since the 1st day of December 2023 to date being a period of over five months, no date has been communicated to the parties or their counsel for the ruling.
“My noble Lord, we cannot continue to wait for the court’s ruling in perpetuity as we are adversely affected by the said decision of the court.
“My Lord, we humbly draw your attention to the provisions of the Constitution of the Federal Republic of Nigeria 1999 which gives and mandates all courts in Nigeria, including this court, the maximum of three months within which to deliver judgment and not even ruling.
“In view of the above, we humbly write and request that the ruling in the above-mentioned motion be delivered timeously as it was long overdue so that parties will know their fate,” it concluded.
