The Chief Judge of the
Federal High Court, Justice Ibrahim Auta, has recalled the case file of BGL
Group from Justice Mohammed Yunusa, to whom it was assigned as a vacation
judge.
The development
prevented Justice Yunusa from delivering a ruling in the case, which had been
scheduled for Tuesday.
The suit was filed by
BGL Group to challenge its expulsion from the Nigerian capital market by
the Securities and Exchange Commission.
The SEC had announced
the expulsion of BGL from the Nigerian capital market after receiving over 40
petitions from aggrieved investors who claimed to have been defrauded by the
company.
BGL’s Group Managing
Director, Albert Okumagba, was also banned from operating as a Registered
Sponsored Individual with SEC.
The case, which had
travelled from Justice Saliu Saidu to Justice Mohammed Idris and then Justice
Yunusa, may now be re-assigned to another judge, who will hear and determine
it.
Already SEC had, in a
petition to the National Judicial Council, accused Justice Saidu of breaching
the Code of Conduct for Judicial Officers, when he restrained BGL’s expulsion
from the capital market.
However, Justice
Yunusa, who heard the case as a vacation judge, last week Thursday vacated
Justice Saidu’s restraining order preventing BGL’s expulsion.
Yunusa, in his ruling,
had said he was convinced that BGL obtained the order from Justice Saidu by
concealing material facts.
The judge also turned
down BGL’s prayer to stay proceedings in the case pending the outcome of the
petition against Justice Saidu.
He had subsequently
adjourned till Tuesday to deliver a third ruling.
But at the Tuesday’s
proceedings, Yunusa told the parties that he would not be able to deliver the
ruling as he no longer had jurisdiction, since the Chief Judge had withdrawn
it.
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