Lagos — Indications emerged yesterday that the Chairman of Dangote Group, Alhaji Aliko Dangote, has again petitioned the Chief Judge of the Federal High Court, Justice Dan Abutu, seeking the transfer of his case from the trial judge, Justice Lambo Akanbi to another judge.

Dangote's election as the President of the Nigeria Stock Exchange (NSE) was nullified last weekend by Justice Akanbi. The court had nullified the August 6, 2009 election of Dangote as NSE President, citing the flagrant disobedience of court order by the NSE and the Securities and Exchange Commission (SEC). Justice Akanbi said the integrity of the court must be protected at all times to save Nigeria from anarchy.

At the resumed hearing of the suit yesterday, Dangote represented by his counsel, Mrs. Fola Sowemimo, told the court that an application for appeal as well as for stay of execution of the order had been filed.

She also informed the court a letter had been sent to the Chief Judge, Justice Dan Abutu, for a transfer of the case to another judge on the ground that the judge was going on transfer.

But the judge interjected, saying that the claim was untrue. He said what was sent by the counsel was a petition as was disclosed to him on Monday night by the Chief Judge, via a telephone call.

The Judge said: "I have been informed by the Chief Judge, on Monday evening that there was a petition against me by Chief Sowemimo. "I have not seen the petition yet. But as this appears to be the second petition against the second judge, the suit was transferred on the strength of an earlier petition by the same Chief Sowemimo.

"I feel that out of respect for the Chief Judge, that I better keep matters in abeyance until I see the copy of the petition from the CJ to enable me react appropriately," he added.

In his submission, counsel to the plaintiffs, (aggrieved shareholders of African Petroleum), Onyebuchi Aniakor, expressed surprise that Dangote's counsel had come to inform the court that they have filed an appeal and an application for stay of execution.

According to him, the counsel had also claimed to file an application for the transfer of the matter, with none served on the plaintiffs.

He said: "This has become more of a tradition, that Chief Sowemimo would send a correspondence to the Chief Judge without copying us."

This was the case with the first petition, which brought this matter to this court, which we only learnt about through the dailies. In any event, since neither the appeal nor the application stay has been served on us, it remains mere hearsay to us, which cannot be noted."

But counsel to the Securities and Exchange Commission (SEC), Charles Uwensuyi-Edosomwan (SAN), said he was not concerned with whether a petition has been written or appeal or application for stay of execution adding: "I have not seen any."

Edosomwan added "My only concern is that the court allows me to move my pending preliminary objection, because the order of the court since Friday is fundamentally affecting the Stock Exchange which appears to have affected the entire election into the council."

Chief Seyi Sowemimo (SAN), it will be recalled, had in his earlier petition to the Chief Judge of the Federal High Court, asked Justice Liman Mohammed to hand off the case, asking the CJ to transfer the matter to another judge on the ground that the trial judge was bias.

The petition was sequel to Liman's ruling on an application by Sowemimo for a stay of proceeding, where he held that he did not see any basis in this application, that all the authorities cited by counsel had failed to avail him and accordingly his application was refused and was accordingly dismissed.

Justice Akanbi's court had nullified the August 6, 2009 election of Dangote as NSE President. He cited the flagrant disobedience of court order by the NSE and the Securities and Exchange Commission (SEC) as reason. He said the integrity of the court must be protected at all times to save Nigeria from anarchy.