Court dismisses suit by Airline Operators.

By Salihu Ali, Abuja

A Federal High Court has dismissed the suit by the registered trustees of the Airline Operators of Nigeria (AON) challenging the letter by the court’s Chief Judge, Justice John Tsoho, directing the transfer of the matter pending before the Lagos division of the court to Abuja.

Justice James Omotosho, in his judgment on Tuesday, dismissed the suit on the ground that it was frivolous and unreasonable as it disclosed no cause of action.

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Meanwhile, the court has awarded a cost of N1.5m against the plaintiffs in favour of the Chief Judge of the Federal High Court, Justice Tsoho, for humiliating and harassing him while performing his duties as a public officer.

The judge agreed with counsel to the defendants that the suit by the plaintiffs disclosed no reasonable cause of action.

Justice Omotosho held that the Chief Judge is empowered by the provisions of the Federal High Court Act to request for a case file at any stage of the proceedings and to re-sign the same to another Judge of the Court and that such discretionary powers are not justiciable.

“Section 19 (3) of the Federal High Court Act and other enabling provisions have empowered the Chief Judge of the Federal High Court to act so. Accordingly, he can exercise administrative powers to transfer and assign cases.”
“The plaintiffs can not bring an action against the discretional powers of the Chief Judge to transfer a case and re-signed same.”

“The Chief Judge acted in his judicial and administrative capacity and cannot be sued by his action.
“The plaintiffs’ action has not disclosed any reasonable cause of action.” He said.

The plaintiffs had, while making his submissions, through their counsel, Nureini Jimoh (SAN), argued that the letter by the Chief Judge, Justice John Tsoho, for the transfer of the substantive suit, filed by his client and pending before Justice A.L.Allogoa of the Lagos division of the court is an invalid, improper and unlawful interference with the judicial process.

However, counsel to the defendants represented by J.U.K. Igwe (SAN) for the Chief Judge of the Federal High Court, Dr Alex Izinyon (SAN) for the 2nd, 4th and 5th defendants and Basil Atup for 3rd defendants, vehemently challenged the competence of the plaintiff’s case and urged the court to dismiss same.

Court dismisses suit by Airline Operators.

In their separate counter affidavits and Preliminary objections, the defendants argued that the suit was bereft of merit, an abuse of process, and not justiciable.
After taking submissions by counsel, Justice Omotosho fixed April 25 for judgment.

In the substantive suit pending before Justice Allagoa of the Lagos division of the Federal High Court, the plaintiffs are challenging the entire process for the sale and transfer of shares of Nigeria Air Limited to Ethiopian Airlines by the defendants listed as Nigeria Air, Ethiopian Airlines, Hadi Sirika, minister of aviation and Attorney-General of the Federation (A.G.F.).

The plaintiffs, therefore, prayed the court to declare that “the entire administrative actions and decisions of the 3rd and 4th defendants in the sale of the shares of the 1st defendant to the 2nd defendant and its consortium is invalid, void and of no effect”.

Other plaintiffs in the suit are Azman Air Services Limited, Air Peace Limited, Max Air Limited, United Nigeria Airline Company Limited, and Topbrass Aviation Limited.

The plaintiffs listed the Chief Judge of the Federal High Court, Justice John Tsoho, Nigeria Air Limited, Ethiopian Airlines, Minister of Aviation Mr Hadi Sirika and Nigeria’s Attorney General.

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