An Abuja hospital has cried out over the delay in the judgement in a suit challenging its sale by a commercial bank to a private company.
According to a statement, Reliance Referral Hospital Limited, located in Abuja, protested the delay in a letter to the Chief Judge of the Federal Capital Territory (FCT), Hon Justice Hussein Baba Yusuf.
The hospital pointed out that the case, involving the 160-bed property located in Garki II, is before Justice Keziah N. Ogbonnaya of the FCT High Court sitting at the Kubwa Division.
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In the letter, the hospital owners also expressed worry over the silence of the judge since December 1, 2023, when she heard the motion and reserved ruling in the case.
“A Director, Mohammed Zahradeen Baba-Kusa, urged the CJ to intervene by compelling Justice Ogbonnaya to deliver judgement in the motion marked M/14135/2023 in suit FCT/HC/CV/135/2022 filed by Solomon Umoh (SAN) on November 10, 2023,” the statement read.
Baba-Kusa added that 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.
“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 protest letter to the CJ read.
“The motion prays the Honourable Court to set aside its judgement delivered on August 4, 2022, in suit number FCT/HC/CV/135/2022 (between the Bank and Buyer) on the grounds of lack of fair hearing, fraud, deceit, and concealment of facts by the plaintiff/claimant which led court to enter judgement.
“The motion was argued on the 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 then, 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, 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 judgement and not even ruling.”
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