Delta APC suit: Court adjourns yet again until December 5th

A Federal High Court sitting in Asaba on Tuesday adjourned hearing to December 5 in the case between two Delta APC factional chairmen over the authentic list of candidates to be submitted to INEC in the 2019 general elections.

Justice Toyin Adegoke held that “the matter stands adjourned to December 5th to enable the plaintiff respond to the 1st and 2nd defendants motion of stay of further proceedings.”

During proceedings,the defence team led by Niyi Akintola (SAN) informed the court that the defence has filed an objection to the ruling by the court to hear all applications and the substantive suit during trial at the Appellate court, Edo State.

He said an affidavit to that effect has been deposed and filed at the Federal High Court,adding that ” it has now become imperative for the court to hands off the matter until the matter is attended to by the upper court”.

Akintola argued that the defence team have filed two applications including a stay of proceedings and an order setting aside the Form 48 filed by the plaintiff.

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Akintola argued that when jurisdiction is being challenged, the plaintiff cannot file an application for contempt.

But plaintiff’s counsel O.J Oghenejakpor accused the defence of attempting to truncate trial and urged the court to commence trial.

He said,”I was served the motion of stay of proceedings.I anticipated the move.I submit it is merely an attempt to stall trial.It is deliberate.That application cannot stop proceedings.The appellant merely waited and laid ambush to truncate the trial.This is a pre-election matter where time is of the essence.We have a time frame with which to conclude this trial.Looking at the conduct of the defendants whose strategy is to block and stall the trial,it is incumbent to hear the parties so that the case can be determined on its merit”.