Justice Akintayo Aluko of the Federal High Court, Lagos, has suspended the reading of two rulings in an alleged N156,026,032,804.84 debt recovery suit, following a letter by a Senior Advocate of Nigeria (SAN), Wahab Shittu, praying the Chief Judge (CJ) to transfer the case.

Justice Aluko said he was ready to deliver the rulings last Friday, but was constrained not to proceed, pending the CJ’s decision on Shittu’s letter.

Some of the parties in the suit marked FHC/L/CS8/2074/2023 are United Bank of Africa (UBA) as Plaintiff, represented in the suit by Mr Temilolu Adamolekun, against Stallion Nigeria Limited and its subsidiaries as defendants. Shittu is a counsel to the 1st, 2nd, 5th to 11th defendants.

The Plaintiff is seeking to recover the money from Stallion Nigeria and had appointed a Receiver over the mortgaged properties of the Defendant and its subsidiaries in Lagos, Port Harcourt and Kano, in line with the mortgage deeds.

Upon resumption of proceedings on Friday, Adamolekun announced appearance for UBA, but Stallion was represented by a counsel from Shittu’s chambers.

Justice Aluko informed the parties that he had been notified by the CJ, that Shittu had written a letter asking that the case be transferred from his court.

The judge explained that Shittu had alleged that he was delaying the case with unwarranted adjournments. The allegation, the judge added, was entirely false.

Justice Aluko noted that the applications that were last heard included the one for a stay of proceedings in the matter, which has to be heard first, before hearing the substantive originating summons.

He said: “Rulings in these two applications are ready to be delivered, however, counsel to the 1st, 2nd, 5th to 11th defendants wrote a letter for the transfer of the case, to my CJ, alleging delays arising from unwarranted adjournments in this case.” He explained that he received a directive from the CJ requesting his comment on the allegations, which he had already submitted.

The judge added that though the rulings are ready, he cannot go against the directive of his CJ, which asked him to stay further action pending his decision on the matter.

Expressing shock at the letter, Plaintiff’s counsel, Adamolekun said Shittu’s approach of communicating to the CJ without copying other lawyers in the matter was contrary to the rules of professional conduct.

He said: “I know that the rules of professional conduct forbid a lawyer in an ongoing matter communicating to either the court sitting over the matter or the CJ (in respect of the matter), without copying the lawyer on the other side.

“Specifically, Rule 31(5) and 34 of the Rules of Professional Conduct. So, my lord, I’m surprised that this is coming from a learned SAN.

“As it is, we don’t have a choice. We have to wait. If we were copied, we would have had the opportunity to counter the allegation, that’s what is called fairness. We would have responded to that petition and the CJ would have had the opportunity to look at things from both sides.

“I know of ex parte applications, but I’ve never heard of an ex parte letter. It is unfortunate and embarrassing,” he declared, adding that the action has now delayed the matter, which was the same thing the SAN alleged.

Other lawyers in the matter also expressed surprise at the turn of events. Consequently, Justice Aluko adjourned to July 19, 2024, to await the CJ’s decision.