By victor madumere
The reign of the incumbent Speaker of Imo State House of assembly Rt Hon Benjamin Uwajumogu can be described as a turbent regime characterized most times with self inflicted turbulence as the Speaker is faced with another trouble with the inability of the Federal High Court sitting in Owerri granting the request /application of the All Progressive Grand Alliance (APGA).
Hon Justice O.O Oguntoyinbo of the Federal High Court Owerri, yesterday dismissed the application for consolidation sought by APGA and others for lack of merit. In her judgment, she submitted that all the five grounds of application in the motion filed on the 24/4/2013 by the counsel to APGA Barr. Wisdom U Durueke seeking that the court consolidate their matter against PDP, with suit number FHC/OW/CS/86/13 to the PDP’s case suit number FHC/OW/IS57/12 against Uwajumogu and others over their alleged defection to APGA lacks merit because the two case emanated from two different summons therefore can not be legally consolidated.
On the issue of joinder the court ruled that a party can only be joined in a suit if the outcome of the suit will have any effect on it, according to the court, the out come of suit FHC/OW/CS/57?12 will in no way affect APGA, consequently, the joinder request was also dismissed.
With the court’s earlier resolution to finish the matter before the 2013 court vacation, Justice Oguntoyinbo with the consent of the counsels adjourned the matter to the 21st of June by 12 noon for adoption of addressee.
In another development the suit that was seeked to be consolidated
was opened but the PDP counsel Eze Duruiheoma (SAN) of the 1st defendant asked for adjournment although submitted that the court has no jurisdiction to declare a person a member of a party, the counsel to the 2nd defendant said they have nothing to say but are waiting for the 1st defendant to make a pronouncement. Barr Durueke of the plaintiff did not oppose the adjournment.
However the court after due consideration adjourned the matter for hearing to the 8th of Sept 2013.
