A Federal High Court in Abuja, has suspended further proceedings on the suit filed against the Independent National Electoral Commission, (INEC), by the Governor of Imo State, Chief Rochas Okorocha.
The court suspended proceedings of the suit to wait the outcome of an appeal that was filed by the senatorial candidate of the All Progressives Grand Alliance, (APGA), in the election, Chief Osita Izunaso.
Justice Okon Abang, who adjourned further proceedings in the matter before him yesterday, said he received affidavit of fact dated May 20, which Izunaso, who is the 3rd Defendant in the matter, failed to notify the court of the pendency of his appeal.
Recall that Izunaso had gone before the appellate court to challenge the decision of the high court to assume jurisdiction over the case Okorocha brought before it.
Izunaso, in his six grounds of appeal, argued that the High Court was wrong when it exercised jurisdiction to join the Peoples Democratic Party, (PDP), as a defendant in the suit.
He contended that the court ought to have firstly determined whether or not it had any jurisdiction to entertain Okorocha’s case, before it proceeded to join other interested parties to the suit.
He further argued that Justice Abang erred in law and misapplied the principles in the decision of Inakoju V Adeleke (2007) LPELR-1510 (SC) and order 29 (1)(a) of the Federal High Court Civil Procedure rules 2009, which dealt with a situation where a court is faced with the issue of determining a challenge of its jurisdiction and the hearing of the substantive suit.
Izunaso contended that the trial court lacked jurisdiction to continue with the hearing and determination of any matter relating to the suit, including the application filed by the PDP, without hearing applications challenging its jurisdiction.
Consequently, he urged the appellant court to hold that allowing the PDP to proceed to move its application for joinder by the trial court was against the weight of evidence.
The appellant accordingly urged the Court of Appeal to allow his appeal and set aside the ruling of the trial court made on May 8, 2019. Before his appeal, Senator Izunaso had petitioned the National Judicial Council (NJC), the Acting Chief Justice of Nigeria (CJN) and the Chief Judge of the Federal High Court over what he termed as an act of misconduct by the trial Judge.
Meantime, before further proceeding was suspended in the matter, Okorocha through his lawyer, Mr. Kehinde Ogunwumiju, SAN, alleged a deliberate attempt by Izunaso and others to frustrate his case.
Though he urged the court to ignore Izunaso’s appeal and proceed with hearing of the substantive suit, Justice Abang, held that he was minded to respect the judicial hierarchy. Justice Abang, who initially threatened to commit Izunaso to prison for what he termed as his unruly behaviour, said he would adjourn the matter to May 30 for mention.
It will be recalled that the first Judge that was assigned the case, Justice Taiwo O. Taiwo, disqualified himself from the matter following a petition that was lodged against him by candidates of the PDP and APGA who accused him of bias.