Another indelible mark and memory will be left in the minds Nigerians especially people of Imo State as a major judicial decision will be taken to mark Nigeria’s nascent democracy on the famous June 12th 2013, as the fate of the two rival parties in Imo State, the People Democratic Party (PDP) and All Progressive Grand Alliance (APGA) will be known that day. The two parties are entangled on the cross-carpeting matter filed against the Speaker of the Imo House of Assembly (IMHA) Rt Hon. Benjamin Uwajumogu.
The matter will be decided by Hon Justice O.O. Oguntoyinbo’s court at the Federal High Court Owerri on the 12th of June 2013.
The matter to be decided is the motion of consolidation filed on 24/4/13 by the APGA and 2 others through their counsel, Barr Uche Wisdom Durueke with two exhibits, a written address accompanied by motion on Notice. On 17/5/13 a further affidavits was also filed by APGA.
However, Barr Durueke adopted the written address and argued that APGA is a necessary party to the suit and should have been joined by the plaintiff ab initio. He went further to pray the court to make an order joining the party to the suit if consolidation is not obtainable.
The counsel to the 1st to the 4th defendants, Chief Adeniyi Akintola (SAN) did not oppose the motion.
Chief Awa Kalu (SAN) who represented the PDP alongside Eze Duruiheoma (SAN) objected the motion arguing that the affidavit made reference to only the 1st defendant leaving the other three defendants also did not state if the pleadings have close on the matter or not. He pointed out that the suit before the court is from originating summons and is ripe for hearing while alternative prayer for joinder in the motion is covered by a written address (Writ of summons) and is not ripe for hearing.
PDP counsel submitted that for the court having made an earlier order for accelerated hearing, therefore to consolidate a ripe and unripe suit will be a recipe for go-slow. Consequently, the counsel urged the court to uphold the order of accelerated hearing and dismiss the application/motion with order 11 rule 1 a, b & c of the Federal High Court by a simple reason that the active ingredients have not been satisfied.
However, Hon Justice Oguntoyinbo after taking all the arguments, submissions and addresses adjourned the sitting to 12th June for ruling on the motion.
