Mon. Jul 22nd, 2024

Litigation: Possible Take Off Of Nok University In Sight, As Parties Opt For Out Of Court Settlement

The case of criminal allegations over Nok University, instituted by the Candidate of the Labour Party in the Southern Kaduna Senatorial District in the 2023 elections, Engr. Michael Ayuba Auta, KYC Inter-Projects Limited against Chief Anthony Hassan, Mr. Hassan Anthony Myendwas and Mr. Peter Danladi Gyet is now to be settled out of court.

The case instituted by Michael Ayuba Auta (The Garkuwan Matasan Arewa) resumed on Thursday with quest for peaceful and amicable resolution of all issues affecting the smooth take off and operations of the University

The opting out of court settlement was mooted by the two parties through their Counsels.

The plaintiffs, Ayuba Auta and KYC Inter-Projects Limited had earlier approached the Chief Magistrate Court Rigachikun, Kaduna through a criminal complaint, but was later transferred to Kachia Magisterial District in CASE NO. CMC/KCH/13DC/2024 brought against Chief Anthony Hassan, Mr. Hassan Anthony Myendwas and Mr. Peter Danladi Gyet.

Michael Ayuba and KYC Inter-Projects Ltd, through their counsel, Sir Ben Churchill Aniekwena Esq. had urged the Court to entertain the allegations against the defendants bordering over the offences of criminal allegations, contrary to section 58 and punishable under section 59, giving false evidence, contrary to section 119 and punishable under section 121(2).

The complaints include, alleged dishonest or fraudulent execution of deed of transfer, contrary and punishable under section 140, Criminal misappropriation, contrary to section 293 and punishable under section 294 and; defamation, contrary to section 371(1) and punishable under section 372 all of the Kaduna  state penal code law No. 5 of 2017.

At the resumed hearing of the case on Thursday 29th February 2023, it was redirected and transferred on the orders of the State Chief Judge to the Kachia Magistrial District and before His Worship Biniyat Thomas Isiaku Esq.

After much argument over issues of services and appearance of parties particularly on the 2nd Defendant, Mr. Hassan Anthony Myendwas who was not in Court, both counsels finally bowed to path of peace on the Matter and the issues involving the Parties as a way forward to amicably resolve all issues for the immediate and possible take -off of the University in Kachia.

Counsel representing the Complainants, Sir Ben Churchill aligned with the Defence Counsel in praying the Court to grant the parties free hand to allow them elect 5 members each to represent in the resolution and to report back to the court within one month to enable possible withdrawal or the continued proceeding of the case

Counsel to the defendants, Dr. U. Y. Dikko said counsels’ presence in the sitting between the parties and their selected representatives was necessary, especially in a matter of this nature.
While seeking for a way forward, Engr. Dr. Ayuba had however drawn the Court’s attention to several neglect or refusal of the defendants to abide with directives/resolutions taken by well-meaning individuals, kinsmen and royal fathers of Jaba community at the earlier attempts to resolve the dispute.

The Court adjourns the matter to 4th April 2024.

It however directed that both parties and their respective counsels should fully participate and furnish the court through the registry on or before 4/3/2024, names of the 5 elected persons who are of good character standing in the society, conscience and reputation be communicated, for the Court’s further directive on or before 10/3/2024.

The Court also ordered that the 2nd absented defendant be served with the complaints and summons.

Following a unanimous request by all the parties, the Court granted Bishop Mathew Hassan Kukah Peace Center (The Kukah Center – Faith, Leadership and Public Policy Abuja) as Venue for the Peace meeting.

Efforts at reaching the parties or counsels on the suit at the Federal High Court, FCT Abuja instituted against the Economic and Financial Crimes Commission prohibiting forfeiture of the University which has been reserved for judgment, proved abortive.

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