Okorocha storms court over certificate of return – TheNigerialawyer

Imo State Governor, Rochas Okorocha, yesterday, stormed the
Abuja division of the Federal High Court in pursuit of his
certificate of return as senator-elect for Imo West senatorial
district.

The governor, who was accompanied by some of his aides and
lawyers, drove into the court premises after 4pm in a convoy.

After about 30 minutes, he walked out of the court but refused
to speak with newsmen.

The governor, in a suit marked FHC/ABJ/CS/296/2019, filed by his
counsel, Kehinde Ogunwumiju (SAN) is seeking court order compelling
the Independent National Electoral Commission (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 set backs
following some legal gymnastics introduced by some interested
parties to the suit.

The set backs 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 candidates of the
People’s Democratic Party (PDP) for the February 23 National
Assembly election, Jones Onyeriri and that of the All Progressives
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 for
adjudication by my court on April 10, 2019.”

Counsel to the plaintiff, Ademola Abimbola, who requested an
adjournment, had informed the court that a motion on notice was
served on him in court by the 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 Progressive Congress (APC) 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 adjourne this matter at the
instance of the plaintiff for hearing of the application for
joinder. “

Counsel to INEC, 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 eighth defendant 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 nine rule 25
further prayed the court for an order directing all originating
processes in the suit be served on it as the eighth defendant in
this suit.

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