Aluta News
Justice Ahmed Mohammed has returned two Benue Pre-Election matters back to the chief Judge of the Federal High Court for re-assignment.
Justice Mohammed arrived at this decision after having enough evidence that the Plaintiffs are not ready that their cases should be heard.
The peoples Democratic Party PDP and it’s Gubernatorial Candidate Rt Hon Titus Uba has approach the court with a notice of discontinuance against 4th, 6th, 8th, 9th, 11th and 13th Defendants in the Pre-Election case they have filed against Independent National Electoral commission INEC, All Progressives Congress APC, Reverend Father Hyacinth Iormem Alia and 14 others challenging the Direct Primaries election of APC in Benue state.
Lead Counsel to the Plaintiffs Chief Sebastine Hon, SAN on the 4th day of November 2022 filed notice of discontinuance of the suit against the 4th, 6th, 8th, 9th, 11th and 13th Defendants which he had earlier joined in the Suit.
When the case came up today for hearing, S.I. Ameh, SAN, counsel to the 3rd Defendant Reverend Father Hyacinth Iormem Alia, draw the Court attention to the Notice of Discontinuance filed by Chief S.T. Hon SAN and argued that the issue of the Notice must be settled before any further step can be taken in the case, argueing that except Chief Hon is ready to abandon the Notice of Discontinuance.
In response, Chief Hon SAN mixed up his application to the Court for withdraw the said Notice of Discontinuance or to be left in the Court file until judgment
He urge the Court to allow Counsel to the 1st Defendant INEC to move his motion on Notice for extension of time to file their Counter Affidavit and Written Address out of time and pray the Court to proceed with hearing.
Chief Hon SAN, prayed the court in alternative that any of the Defendants’ intending to object to the issue of the Notice of Discontinuance should only be allowed to do so by filing a motion on notice in line with Rule 17.1 of the Rules of the Federal High Court Pre-Election Practice Direction, 2022.
Chief Hon further urge the Court to allow hearing to go on today while Defendants’Counsel be allowed to file their motion challenging the Notice of Discontinuance after the hearing of the case.
The learned Counsel to the Plaintiff Chief S T. Hon, SAN made another application to the Court withdrawing his earlier application to withdraw the Notice of Discontinuance.
This Decision came after serious attack from parties beginning with counsel to the second defendant (APC) Fidelis Mnyim who said he will need time to file a motion on Notice and cite authorities from the learned Silk S.T. Hon’s books on Civil Litigation to demonstrate that the Notice of Discontinuance against the above named Defendants is incompetent before the court.
Barrister Mnyim Also objected to the application by learned Silk Chief S.T Hon asking the court to allow first defandant INEC to move his motion for extension of time to file Counter-Affidavit and written address and to allow the matter to be heard today before Motions by Defendants’ counsel against the Notice of Discontinuance to be taken at another date. Fidelis Mnyim said doing that will amount to commanding an impossibility to happen.
He argued further that originating summons once adopted the court is allowed to take time and write it’s judgement and deliver when ready. He Said what the learned Silk for the Plaintiff is asking for is to have two hearing in one Suit.
Counsel to Rev Fr Hyacinth Iormem Alia SI Ameh SAN in his submission Also agreed with the submission of counsel to APC Fidelis Mnyim Esq by asking the court to grant an adjournment so that defense counsels can take three days to file their respective motion against the Notice of Discontinuance. The Position which counsel to the 7th Defendant Matthew Burkaa SAN agreed.
Justice Ahmed Mohammed in his ruling said ” I should not be here because my vacation has commenced but because of the Pre-Election matters before me which are time bound is why I am here to hear this suit but I have seen that the Parties are not ready to proceed with this suit”.
Given the above reasons I am returning the two cases, PDP, UBA against INEC, APC, Alia and others and the senatorial Suit of PDP, Suswam, Ortom and Abba Moro against APC, Chief Titus Zam, Barr. Emmanuel Udende and Daniel Onjeh back to the chief Judge of the Federal High Court for re-assignment.
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