The court resumed yesterday to hear the motion file in the interlocutory injunction filed by the embattled LGA chairmen against the Okorocha led Imo govt.
After hours of argument on which motion to be heard first. The presiding Judge Hon Justice Ngozi Opara ruled on the motion to be taken first and adjourned the matter to Thursday 16th, August 2012.
Barr E.O Agbo, holding the brief of Barr Levi Uzoukwu SAN, told the court that for certain development after the last sitting of the court, which necessitated the claimants to write and serve the respondents and the court an application/motion seeking to nullify the unilateral step taken by the defendant in asking the DAGs to take over LGA’s as it is a disrespect to the court.
The counsel to the state government Chief Niyi Akintola SAN argued that no other motion should be entertained if not the one challenging the jurisdiction of the court over the case, which is paramount to other motions.
Attorney General of Imo state Barr S.A Njoku who is the 3rd respondent in the case, in support of Chief Akintola, argued that the claimant’s motion is not ripe for hearing because it was served on him right in the court; therefore he needs at least (48hrs) two days to react and reply before it will be heard. He also reminded the court that at the last sitting (9/8/12) all the counsel agreed that the motion of jurisdiction is so fundamental that when raised all other process must stand still.
Replying on point of law, Barr. Agbo submitted that the claimants are not contesting the fact that issue of jurisdiction is not a threshold matter in deliverance of justice but argued that it is a general principle in law when a party to a proceeding has conducted himself in deviance to court proceeding by engaging a conduct that will bring disrespect to the court. The court should therefore step down /keep the issue of jurisdiction and deal with that of disrespect to the court, he cited authorities from Supreme Court judgments.
One of the ruling reads “Due to the combination of factors and facts which will infringe on the majesty of a court and likely to bring the court to Obium with disrespect, it is a dare say not just desirable but essential for the court to first look into the matter of disrespect before proceeding to the issue of jurisdiction” Supreme court ruling 2005.
Justice Ngozi however adjourned the matter to the 16/8/12 to proceed with the motion on jurisdiction ruling that it is fundamental to the entire proceeding therefore needs to be treated first
