Legal Battle for Kogi:Gov Wada in good start



At the Federal in Abuja Kogi State Governor, Captain Ibrahim Wada cleared  the first hurdle as  won the first round of the legal battle seeking to remove him from office other chieftains of the Peoples Democratic Party () in the state.

The governor defeated his opponents, Mr. Oyebode Makinde and Alhaji Jibril Isa  popularly  known as Echocho in the consolidated suits as the court agreed to hear the motion for stay of proceedings separately from the main suit.

In the court ,Justice Donatus Okorowo held that since governor Wada was not challenging the jurisdiction of the court but the consolidation of the cases, it was incumbent on the court to hear the motion for stay of proceeding outside the substantive matter.

The disagreed with Chief Wole Olanipekun SAN, Counsel to Jibril Isah and . Alex Izinyon SAN, Counsel to Oyebode Makinde that both the motion for stay of proceeding and the main case be heard altogether.

Justice Okorowo agreed with Chief Chris Uche SAN, Counsel to Governor Wada that it was motion challenging the jurisdiction of a court that can be heard along with the main suit.

The court held that since governor Wada was not challenging court jurisdiction but consolidation, his motion for stay of proceeding must first be heard.

Moving the motion for stay of the proceeding, the governor’s counsel the court to stop hearing of the case pending the time the Court of Appeal would make pronouncement on his to the merger of the two cases.

Chief Uche told the court that had filed notice of appeal at the Court of Appeal against the consolidation of the two cases against him.   told the court that both Makinde and Isha came to court and filed their cases differently at different dates.

contended that what Alhaji Jibril Isha ought to have done when Makinde first filed his suit was to apply for a joinder as an interested party in a same issue; adding that filing a separate suit indicated that wanted to be heard separately.

He then submitted that both Makinde and Isha have nothing to lose if the stay of proceeding was granted.

However counsel to Jibril Isa, Chief Wole Olanipekun vehemently objected to granting of stay of the proceeding adding that the governor had failed to meet all conditions under which a stay of proceeding could be granted.

Olanipekun argued that stay of proceeding was not automatic and that it was a ploy the governor to delay and frustrate early hearing of the case.

The position of Olanipekun was corroborated Alex Izinyon who argued that the motion for stay did not  show any exceptional ground upon which a stay of proceeding could be granted. He then the court to refuse to stay the proceeding . Justice Okorowo after hearing the counsels fixed March 28 for ruling on whether to say proceeding or not.

 

No tags for this post.