FORMER Imo State governor Emeka Ihedioha and the Peoples Democratic Party (PDP) on Monday urged the Supreme Court to adjourn the hearing of their application to reverse the January 14 judgment which removed him from office.
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When the case was called, their lawyer, Kanu Agabi (SAN), said the first and second respondents – Hope Uzodinma and the All Progressives Congress (APC) – served them some documents before the court resumed.
Agabi prayed the court for time to enable him to respond.
He suggested that the court allow them to return today for hearing, which was granted.
Counsel for Uzodinma and the APC, Damian Dodo (SAN), admitted serving Agabi a moment before the court sat.
Dodo said Agabi served him with some documents on Friday, and that yesterday morning was the earliest time he could serve his response on Agabi.
He, however, indicated his readiness for the case to be heard yesterday and objected to an adjournment.
Counsel for the Independent National Electoral Commission (INEC), Tanimu Inuwa (SAN), also opposed an adjournment and said he was ready.
Ruling, the Chief Justice Ibrahim Muhammad, who led the court’s seven-man panel, acceded to Agabi’s request and adjourned today for hearing.
The case, earlier scheduled for hearing on February 18, was also adjourned till yesterday on Agabi’s request.
Also yesterday, the Supreme Court adjourned till March 17 the hearing of an application by the Abdul’aziz Yari APC faction 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 141st -178th respondents had not been served.
Although applicant’s lawyer, Robert Clarke (SAN), said his litigation officer served the 141st -178th with the processes, the court said it was not the responsibility of Clarke’s litigation officer to effect the service.
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.
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