BY DAVIES IHEAMNACHOR
The Federal High Court sitting in Rivers State on Thursday transferred the suit challenging the appointment of Justice Peter Agumagu as the substantive Chief Judge of Rivers State to the Appeal Court for determination of the motion bordering on the jurisdiction of the court to hear the matter.
The 5th defendant had on 8th of July brought a motion from the Appeal Court instructing the High Court to hands off the hearing of the suit pending the determination of the higher court based on the issue of the jurisdiction of the court to hear the matter.
The appellant, B E L Nwofor (SAN) filed an appeal to the Court of Appeal challenging the competence of the High Court in handling the case of such magnitude without first upholding its competence.
The transfer of the suit to the Appellant Court by the trial Judge, Justice A H Nganjiwa followed a notice of appeal brought by counsel to Justice Peter Agumagu, B E L Nwofor (SAN).
The judge had in his ruling ruled that the court would not hear the application brought by Justice P Agumagu challenging the jurisdiction of the court until the substantive suit is heard.
Justice Agumagu who was not satisfied with this ruling of the lower court on the 26th of June 2014, approached the Appellant court through his counsel B E L Nwafor to appeal the ruling of the lower court.
Ruling on the application on the notice of appeal and adjourning sine dine, Justice Nganjiwa ordered that the suit be transferred to the Appeal Court as requested by the 5th defendant.
He however adjourned that matter to 21st October, 2014 for Appeal Court report.
Speaking to journalists after the ruling at the premises of the High Court B E L Nwofor (SAN) said that the court ruling was in line with the application made by his client adding that in law, his client has the constitutional right to appeal.