Court to Rule on Application to Halt Proceedings in Suit Against Fufore Emirate

A Yola High Court in Adamawa State has fixed the 14th July, 2025, for ruling in the application to stay proceedings in the suit challenging the creation of Fufore Emirate. News Platform 

The court presided by Justice Musa Usman, fixed the date after hearing in the application praying for an order of the court to stay proceedings pending hearing and determination of an appeal before the Court of Appeal Yola Division.

 

The application was filed by the Attorney General and Commissioner for Justice A. K. Jingi, who appeared in court for the ministry during court proceedings on Monday, along side J. A. Waya (Director Civil Litigation Ministry of Justice).

Mahmud Magaji (SAN) who was represented by Chief L. D. Nzadon, announced appearance for Adamawa State Government, Governor Ahmadu Umaru Fintiri and Emir of Fufore respectively while M. M. Nurudeen appeared for all plaintiffs.

The order is to stay proceedings in the suit filed before the court pending the hearing and determination of the appeal filed by the defendants/applicants (Attorney General and Emir of Fufore) against the ruling of the court delivered on the 10th April, 2025.

In the suit marked: HC/ADSY/14/2025, instituted by Alh. Musa Halilu Ahmed (Dujima Adamawa), Alh. Mustapha Dahiru (Yerima Adamawa) and Alh. Mustapha Ahmadu (Sarkin Noma Adamawa) joined Adamawa State Government, Governor Ahmadu Umaru Fintiri, Attorney General and Commissioner for Justice and the Emir of Fufore as defendants.

It could be recalled that, in his ruling on the preliminary objection of the 3rd applicant (Attorney General) in the suit challenging the jurisdiction of the trial court on the 10th April, 2025, Justice Usman, decided that the ruling on the preliminary objection be suspended until the final judgement.

Disatistified with the ruling of the trial court, the defendants/applicants (Attorney General and Emir of Fufore) approached the appellate court vide notice of appeal dated and filed on the 14th April, 2025, contending that the lower court failed to determine the preliminary objection filed on the issue of jurisdiction.

According to the defendants /applicants the issue of jurisdiction is fundamental and must be determined before any step is taken in the matter, saying that unless the proceedings are stayed, the defendants/applicants will be irreparably prejudiced in the likely event that the appeal succeeds.

In their reliefs before the appellate court, the defendants/applicants asked the court to set aside the decision of the trial judge suspending until final judgement the delivery of ruling on the preliminary objection filed by the 3rd defendant.

Other relief of the defendants/ applicants is for the court of appeal to order Justice Musa Usman, to rule on the preliminary objection on the jurisdiction filed and argued before him, saying that the judge had erred in law when he had failed to rule on the preliminary objection on whether or not the court has the jurisdiction to entertain the matter.

In their counter affidavit against the defendants/applicants' motion for stay of proceedings, the plaintiffs/respondents through their Counsel, M. M. Nurudeen, described the appeal as a gimmick by the AG and Emir of Fufore to delay proceedings.

According to plaintiffs/respondents, the court did not decline to deliver its ruling on the preliminary objection, instead deferred ruling until the time of judgement and directed that the suit be heard on merits.

They urged the court to refuse the application for stay of proceedings in the interest of justice, insisting that the application will delay continuation of hearing in the suit and also delay timely determination of the matter.