The Federal High Court sitting in Abuja has dismissed the transfer of the Nigeria Air case from Lagos to Abuja.
The court judgment made available to Nairametrics on Monday, dated May 11, 2023, indicated that Justice John Tsoho, the Chief Judge, dismissed the transfer of the case out of Lagos.
The judge described the attempted transfer of the case to Abuja from the Federal High Court in Lagos by the Federal Government, the Ministry of Aviation and Ethiopian Airlines as the abuse of the court process and lack of cause of action.
The judgment with the head: Re: Judgment In Suit No. FHC/ABJ/CS/271/2023 Between The Registered Trustees Of Airline Operators of Nigeria & 5 ORS V. J.T. Tssoho (Chief Judge Of The Federal High Court & 4 ORS), said that non-disclosure “by your clients” that there was a pending motion for the transfer of the case, while making an administrative application to the same effect by the defendants, rendered the application fundamentally flawed.
The document added: As a result, I resolved to reverse the transfer of the case, but for the pendency of Suit No. FHC/ABJ/CS/271/2023.
- “Therefore, following the dismissal of Suit No. FHC No. FHC/L/CS/2159/2022 is hereby cancelled. Accordingly, the case file in respect of the said suit is hereby remitted to the Federal High Court, Lagos for hearing and determination of the pending application for transfer by Hon. Justice A. Lewis-Allagoa.”
The Federal Government and the Ministry of Aviation, had in January this year sought the transfer of the Nigeria Air case to the Federal High Court, Abuja Judicial Division from Lagos.
The Federal Government, through its counsel, Liman Suleiman Shehu, Maimuna L. Shiru (Mrs), Oyin Koleosho and Oriowo Oluwaseun, filed the application on Friday, January 13, 2023, barely three days to the hearing on the summons.
An affidavit in support of the motion on notice sworn to by Des-Bordes Felicia, counsel to the defendants, Nigeria Air (1st defendant), Sen. Hadi Sirika (3rd defendant) and Attorney General of the Federation (4th defendant), argued that hearing of the suit in Lagos would add financial burden on the defendants.
The 11-page application had wanted the court to invoke Section 22, Federal High Court Act, LFN 2004, which empowers it to transfer the suit out of Lagos to any other divisions, this time around to Abuja, for a hearing.
The government through its defence, argued that all the defendants in the suit resided in and carried on a substantial part of their business in the Federal Capital Territory (FCT), Abuja, and wondered why the case should be heard in Lagos.
The counsel further argued that after the firm carefully studied the originating processes filed by the defendants, it observed that the cause of the action alleged by the plaintiffs occurred in the FCT, outside the judicial division where the suit was instituted.
The counsel added: “That the 1st, 3rd and 4th defendants who are not residents within the judicial division of this honourable court will be subjected to serious hardship in the event this suit proceeds to hearing and prosecuted within the judicial division of this honourable court wherein this suit is commenced.
- “That the engagement of counsel to handle the instant case in the judicial division of this honourable court, which is outside all the defendants’ place of residence will attract a huge amount of expenses on the part of the defendants and that may likely affect the defendants’ proficiencies to properly prosecute the suit to a logical and expeditious conclusion and by extension, affects the course of fair hearing in the course of the trial.”
But, AON and other concerned parties vehemently opposed the planned transfer of the case to Abuja from Lagos.
