Nigeria Air: Court dismisses operators’ suit on case transfer

A Federal High Court in Abuja has dismissed the suit by Airline Operators of Nigeria (AON) and others challenging the transfer of their case against the federal government to another court. Justice J.K. Omotosho on Thursday held that the action was frivolous, unreasonable and disclosed no cause of action. The judge agreed with the submissions […]

A Federal High Court in Abuja has dismissed the suit by Airline Operators of Nigeria (AON) and others challenging the transfer of their case against the federal government to another court.

Justice J.K. Omotosho on Thursday held that the action was frivolous, unreasonable and disclosed no cause of action.

The judge agreed with the submissions of defence lawyers, James Igwe and Alex Izinyon, both Senior Advocates of Nigeria (SAN), that the chief judge acted in his statutory and administrative powers and cannot be sued.

He awarded N1.5 million as costs against AON in favour of the CJ.

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“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; he can exercise his administrative powers to transfer and assign cases,” Justice Omotosho said.

The AON brought the suit against the Chief Judge of the Federal High Court challenging the transfer of their suit from a Federal High Court in Lagos presided by Justice A.L. Allagoa to Abuja.

They joined as respondents in the suit, Chief Judge John Tsoho; Nigeria Air Ltd, Ethiopian Airlines, the Minister of Aviation, Hadi Sirika; and the Attorney General of the Federation and Minister of Justice, Abubakar Malami.

According to counsel to the AON, Nureni Jimoh (SAN), the chief judge does not have the powers to transfer the suit from Lagos.