Posted by Godwin Tsa, Abuja | 1 May 2019 | 1,461 times
Imo State governor, Rochas Okorocha, on Tuesday evening sneaked to the Abuja division of the Federal High Court to press for his certificate of return as the senator-elect for Imo West senatorial district.
The governor who was accompanied by some of his aide and lawyers drove into the court premises in a convoy after 4pm and walked straight into some offices of the court.
After about 30 minutes, he walked out of the court but refused to speak with journalists who had ambushed him.
The governor in a suit marked FHC/ABJ/CS/296/2019, filed by his counsel, Kehinde Ogunwumiju (SAN), is seeking the court order compelling the INEC to issue him a certificate of return as the validly-elected senator for Imo West senatorial district.
Hearing in the suit has however suffered several setbacks following some legal gymnastics introduced by some interested parties to the suit.
The setbacks reached a climax when Justice Taiwo. O. Taiwo who was assigned to adjudicate on the case withdrew from the matter over allegations of bias made against him by the candidates of the People’s Democratic Party (PDP) for the February 23 National Assembly election, Jones Onyeriri, and that of the All Progressive Grand Alliance (APGA); Senator Osita Izunaso.
The case has since been assigned to another Judge of the court, Justice Okon Abang, who has already adjourned it to May 8, 2019, at the instance of the plaintiff.
On the last hearing date, Justice Abang who took over the case explained that: “This matter was reassigned from Justice Taiwo .O. Taiwo for adjudication by my court on April 10, 2019.”
Counsel to the plaintiff, Ademola Abimbola, who requested for an adjournment, had informed the court that a motion on notice was served on him in court by the People’s Democratic Party (PDP), a party seeking to be joined in the suit as an interested party.
According to Abimbola, “the matter is for hearing today. However, just this morning, PDP served us with a motion on notice dated and filed on April 17, 2019. We intend to oppose this motion, which is intended to delay the hearing of this matter. We, therefore, apply for a short adjournment to file a counter affidavit in opposition to the application for joinder.”
He further drew the attention of the court to a petition by the Imo State chapter of the All Progressives Congress against the court.
However, Justice Abang said the APC was not a party in the suit and that a non- party cannot take steps to frustrate the hearing of the suit.
On the request for adjournment, Justice Abang ruled that “since there is no objection, I am inclined to adjourn this matter at the instance of the plaintiff for hearing of the application for joinder. “
Counsel to the Independent National Electoral Commission, Mrs Wendy Kuku, N. A. Nnwuchi (SAN) for Jones Onyeriri; Prince Orji Nwafor-Orizu for Senator Osita Izunaso and other parties to the suit did not object to the request for adjournment.
The PDP had in a motion filed by its counsel, S.C. Imo prayed the court for an order extending the time within which it may apply to be joined in the suit.
An order of court joining the PDP as the 8th defendants in the suit as well as an order directing the plaintiff/respondent to amend his originating processes and other subsequent processes issued in the suit in order to reflect the joinder of PDP as the 8th defendant in this suit.
The party in its motion brought pursuant to Order 9, Rule 25 further prayed the court for an order directing that all originating processes in the suit be served on it as the 8th defendant in this suit.
Justice Taiwo had earlier joined Hon. Jones Onyeriri, Senator Osita Izunaso, Nwachukwu Goodluck Clement of KOWA Party, Uche Onyeoma Ibe of Labour Party, Precious Nwadike of the United Progressive Party (UPP) and the All Progressives Grand Alliance (APGA) as parties to the suit. (Daily Sun)
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