By Victor Madumere
In continuation of the Imo State Guber election Petition Tribunal, filed by Rt Hon Emeka Ihedioha of the Peoples Democratic Party, PDP, against the All Progressive Congress (APC)candidate, Gov Rochas Okorocha and 36 others, the team of counsel representing the 1st respondents Gov Rochas Okorocha and his party the All Progressive Congress, (APC) 37th respondent is depending on their plan B, a motion challenging the competence of the Pre-trial notice of the petitioner to triumph in the election tribunal.
After losing two application rulings to the petitioner, Rt Hon Emeka Ihedioha, which failed to stop the tribunal from taking pre-hearing proceedings, this step came after the court had ruled that the 2nd respondent, the Independent National Electoral Commission (INEC), had exhausted official time to file pleading in could not have any extension of time to filed her pleading according to law, having been served long ago but refused to file her pleading, as argued by the counsel to the petitioner, Chief Mike Ahamba, SAN.
At the resumption of proceedings yesterday Wednesday, 8th, July 2015 the respondent represented by Barr Okey Amechi drew the attention of the panel to the motion challenging the competence of the 1st and 37th respondents on extension of time to file reply by the petitioner.
Barr Amechi, in his application sort for the withdrawal of the said motion and argued the panel to strike it out, for there should be an amendment on the motion, (that is the 37th respondent should not be a party in motion)
Chief Ahamba did not object to the application rather he described it as a subtle concession to the petitioners arguments.
He went further to submit that, the motion should be dismissed instead.
The honourable Justice David Wyon led Tribunal Panel in their wisdom struck out the motion, and adjourned the hearing of both; the motion scheduled for hearing today 9th July, challenging the competence of the pre-trial notice file by the respondents and other pending motion to Friday, 10th July 2015.
