Sacked Governor of Imo State and his party, the Peoples Democratic Party (PDP) have again asked the Supreme Court for an adjournment to a later date for the hearing of their application for a review of the court’ judgment sacking Ihedioha.
When the case was called on Monday, their lawyer, Kanu Agabi (SAN) said the 1st and 2nd respondents – Hope Uzodinma and his party, the All Progressives Congress (APC) – just served them some documents before the court sat.
Agabi prayed the court for time to enable him respond. He suggested that the court allow them to return on Tuesday for hearing.
Lawyer to Uzodinma and the APC, Damian Dodo (SAN) admitted serving Agabi a moment before the court sat.
Dodo said Agabi served some documents on his office on Friday, and that Monday morning was the earliest time he could serve his response on him (Agabi).
He however indicated his readiness for the case to be heard on Monday and objected to an adjournment.
Lawyer to the Independent National Electoral Commission (INEC), Tanimu Inuwa (SAN), objected to an adjournment and said he was ready for the hearing of the case on Monday.
Ruling, the Chief Justice of Nigeria (CJN) Justice Ibrahim Muhammad, who led the court’s seven-man panel, acceded to Agabi’s request and adjourned till March 3, 2020 for hearing.
The case, earlier scheduled for hearing on February 18, 2020 was also adjourned till March 2, 2020 on the request by Agabi, who had claimed that parties were yet to file necessary documents.
Agabi had, while laying foundation for his application for adjournment on February 18, said: “My lord. all the processes grounding this application are still coming in. I am compelled to ask for an adjournment to enable all the processes come in.
“I ask for a short adjournment of about seven days to enable us me put in more processes.”
Dodo said he was not opposed to an adjournment, but noted that two similar applications have been served on him, with the applicants not stating which of them they intend to rely on.
“Just for purpose of clarity, there is an application of the 5th of February, which we have reacted to.
“We got another application yesterday on February 17. We want to be clear on which application we will be dealing with when we come back.”
The Supreme Court, also on Monday, adjourned hearing till March 17, 2020 of an application by the the Abdul’aziz Yari faction of the All Progressives Congress (APC) in Zamfara State.
The faction is seeking a review of the court’s May 24, 2019 judgment, voiding the participation of candidates of the APC in the last elections in the state.
When the case marked: SC/377/2019 was called the court’s five-man panel, led by Justice Muhammad, noted that some of the 141th -178th respondents to the application have not been served.
Although applicant’s lawyer, Robert Clarke (SAN) said his litigation officer served the 141 -178th with court documents in relation to the case, the court said it was not the responsibility of Clarke’s litigation officer to effect service without the prior permission of the court.
Justice Muhammad said the duty to serve hearing notices and court processes on parties was that of the court’s registry, except where permission is granted for substituted service.
He then adjourned till March 17, 2020 for hearing. The applicant is expected to ensure that everything is in order before then.
