It was celebration galore for supporters of Owelle Rochas Okorocha on his illegal dissolution of the elected local government officials in 2011 as the dissolved members under the auspices of Association of Local Government of Nigeria (ALGON) Imo Chapter, who had gone to the Appeal Court to challenge the ruling of Justice Ngozi Opara at the lower court went home disappointed over a very long adjournment date.
Before the case was adjourned, the court had earlier granted the motion filed by the appellant (ALGON) on the 25/02/2013 praying the court for an order extending the time within which to compile the record of appeal in the case, and an order deeming the record in the case as compiled and transmitted to the court on 25/02/2013 as having been properly compiled and served.
Earlier before the granting of the motion both the appellant and respondents had withdrawn their initial motion against the appointment of Sole Administrators in the councils and their preliminary objection and counter affidavit respectively, submitting that the motion has been over taken by new events.
The appellant counsel, chief Levi Uzoukwu SAN was asked by the court to move his new motion filed on the 14/3/2013 where he prayed for the restriction of Sole Administrators appointment pending the final ruling of the court on the case.
Upon moving his motion, the respondents denied service of the said motion but the appellant counsel urged the court to check the record of the court, as he maintained that the respondents were duly served.
However, Hon Justice John I. Okoro consulted the records of the court which proved and confirmed service and reception of the motion by the appellant and respondents respectively. The court then asked the appellant to re-serve the respondent before the court to avoid any other denial which the appellant did not object to.
Consequently, the respondents through the Attorney General, Barr Soronnadi Njoku, who is a respondent in the appeal asked for adjournment to enable them file responses and counter affidavit. Again the appellant counsel did not object to their prayer but only urged the court to give them a close date.
To the amazement and disappointment of the ALGON, the presiding judge announced an October 3rd adjournment date which erupted Okorocha faithful into jubilation while the ALGON and their supporters walked out of the court disappointed and uncomfortable, with the believe that “Justice delayed is Justice denied”.
Although the leadership of the disappointed ALGON has vowed to challenge the date owing to a circumstance which was not their fault.
