By: Austine Agbo, Kaduna
The Labour Party candidate for Southern Kaduna Senatorial District in the February 2023 general elections, Engr. Michael Ayuba Auta has accepted the plea by the defendant, seeking for out of court settlement regarding the tussles and struggles over immediate take off of NOK University Kachia.
It could be recalled that Auta approached the Chief Magistrate Court Rigachikun Kaduna through a Criminal complaint that 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 to seek redress over the allegations against the Defendants bordering on alledged offences of criminal case.
The case that resumed on Thursday, came with quest for peaceful and amicable resolution of all issues holding the smooth take off and operations of the University with the two (2) major contending shareholders and partners of the University, now opting through their Counsel for out of Court Settlement.
Hon. Michael Ayuba and KYC Inter-Projects Ltd the Complainants, earlier had through their Counsel Sir Ben Churchill Aniekwena Esq. urged the Criminal Court to look into the criminal conspiracy, which he noted that: It is Contrary to SECTION 58 and Punishable under SECTION 59, GIVING FALSE EVIDENCE: Contrary to SECTION 119 and Punishable under SECTION 121(2), DISHONEST OR FRAUDULENT EXECUTION OF DEED OF TRANSFER CONTAINING STATEMENT OR CONSIDERATION: Contrary and Punishable under SECTION 140, CRIMINAL MISAPPROPIRATION: 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, which 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., both Counsel after much heated argument over issues of Services and Appearance of Parties particularly on the 2nd Defendant Mr. Hassan Anthony Myendwas who was not in Court, finally bow to part of peace on the Matter and the issues involving the Parties as a way forward in amicably resolving all issues for the immediate and possible takeoff of the University in Kachia.
In thesame development, the Counsel representing the Complainants Sir Ben Churchill, equally aligned with the Defence Counsel in praying the Honourable Court to grant the Parties free hand in view of both Counsels and Parties Agreement to allow them elect 5 members each to represent Parties to the dispute and to report back to the Court the outcome of the resolutions within one month.
While seeking for a way forward, Engr. Dr. Ayuba, drawn the Court’s attention over several neglect and/or refusal of the Defendants to abide with directives or resolutions taken by well-meaning individuals, kinsmen and royal fathers of Jaba community at the earlier attempts made of resolving the dispute thus prompting his institution of this Case and his added instructions to his personal Solicitors to commence a Civil trial over the same issues between the Parties over NOK University.
He noted that the outcome of the meeting by the committee will determine the possible withdrawal or the continued progress in prosecution of the Defendants, adding that the case is still very much open until the key issues are properly addressed.
In his response, Counsel to the Defendants Dr. U. Y. Dikko Esq. confirmed the request of the Parties, that Counsels be made to seat in between the Parties and their selected representatives in good faith and as a duty imposed on Counsels while handling matters of this nature particularly where it involves as in this Case two great, prominent and well-meaning sons of Jaba Land and communities.
The Court in its wisdom had conceded to the Parties request and adjourned the Matter to 4th April 2024. The Court had also directed that both Parties and their respective Counsels fully participate and through the Registry of the Court to furnish immediately and on or before 4/3/2024 their Parties elected 5 names of persons of good character standing in the society, conscience and reputation to be communicated for the Court’s directive on or before 10/3/2024.
The Court also Ordered that the 2nd absented Defendant be served with the Complaint and summons. After listening to the plight as to venue and convenience of all the Parties, the locations of their likely representatives and Counsels in the matter, the Court granted the unanimous consensus request of Bishop Mathew Hassan Kukah Peace Center (THE KUKAH CENTER – FAITH, LEADERSHIP AND PUBLIC POLICY ABUJA) as Venue for the Peace meeting.
It is also worthy of note that the Suit at the Federal High Court, Abuja instituted by Parties against the Economic and Financial Crimes Commission prohibiting forfeiture of the University has also been reserved for Judgment.
