Cross River LG Polls: To Hold or Not To Hold as Court Set to Give Ruling on Friday

In Breaking News, National News, Politics, Reports

by crossriverwatch admin

federal high court

The fate of the local government elections in Cross River State scheduled for Saturday the 21st September 2013 be will known on Friday the 20th September 2013 when the High Court, Calabar presided over by Honourable Justice Ofem Ikpi Ofem will rule on the notice of Preliminary Objection filed by CROSIEC challenging the jurisdiction of the Court to hear the suit filed by APC over the decision of CROSIEC to exclude it from participating in the elections.

This morning arguments were canvassed by both parties in Court. The legal team of CROSIEC led by the Attorney General of Cross River State, Mr. Attah Ochinke suffered an embarrassing interlude when it was discovered in the course of adoption that the Written Address filed in support of CROSIEC’s Notice of Preliminary Objection had two versions.

The written address in the Court’s file has four issues formulated for determination by CROSIEC whereas the one served on APC has five Issues.

After the Attorney General had adopted the written address and the reply address, he ran into difficulty when he wanted to argue on whether or not the case filed by APC disclosed a reasonable cause of Action.

This elicited an objection from the legal team of APC led by Barristers Matthew Ojua, Okoi Obono-Obla; Osim and Dibang who pointed out that there were two versions of the written address.

They pointed out that while the written address filed by CROSIEC and served on APC has an issue on non disclosure of a reasonable cause of action of the case filed by APC, the one in the Court’s file did not have.

The Court upheld the objection of APC and ordered CROSIEC to sort out the mix up. The matter was then stood down for about 25 minutes.

When the court resumed, there was consensus by both parties that the written address in the Court’s file which was filed by CROSIEC should be regarded as the correct version.

After the Attorney General adopted the correct written address, his attempt to argue on the issue of non disclosure of a reasonable cause of action was again objected to by the APC legal team.

In his reply to the objection, the Attorney General maintained that since the issue borders on jurisdiction he can raise and canvass argument on it.

The Court in a short ruling held that parties should just adopt their respective written addresses and leave out the arguments.

After the Attorney General concluded his adoption, the lead counsel for APC adopted APC’s written address and invited the court to dismiss the Notice of Preliminary Objection after applying that the Court strike out the reply address of CROSIEC for violating Order 21 Rule 1 (4) of the High Court (Civil Procedure) Rules, 2008.

The Court then adjourned the case to 20th September 2013 for ruling.

Earlier the Court had adjourned the sister case to tomorrow the 19th September 2013 for argument of the Notice of Preliminary Objection filed by CROSIEC challenging the Court’s jurisdiction.

follow us on twitter @crossriverwatch

Since You Are Here, Support Good Journalism


CrossRiverWatch was founded on the ideals of deploying tech tools to report in an ethical manner, news, views and analysis with a narrative that ensures transparency in governance, a good society and an accountable democracy.

Everyone appreciates good journalism but it costs a lot of money. Nonetheless, it cannot be sacrificed on the altar of news commercialisation.

Consider making a modest contribution to support CrossRiverWatch's journalism of credibility and integrity in order to ensure that all have continuous free access to our noble endeavor.

CLICK HERE

New Feature: Don't miss any of our news again.Get all our articles in your facebook chat box.Click the Facebook Messenger Icon below to subscribe now

Text Advert by CRWatch :Place Yours

Will You To Learn How To Make Millions Of Naira Making Special Creams From Your Kitchen?.Click Here


Expose Your Business And Make More Sales. Advertise On CrossRiverWatch.com Today

You may also read!

NPA Board Chairman Decries Wanton Attack On Properties In Calabar By Hoodlums

By CrossRiverWatch Admin Chairman of the Board of the Nigerian Ports Authority (NPA), Chief Akin Ricketts, has decried the

Read More...

#Calabar: Long Queues At ATMs, Fueling Stations Greet Ease Of Curfew

By Patrick Obia Long queues at Automated Teller Machines (ATM), banks and fueling stations across the city of Calabar,

Read More...

JUST IN: Junior Power Minister, Jedy Agba Inspects Calabar WAEC Office After Attack

By Ushang Ewa Jedy Agba, Nigeria’s junior minister of power is currently inspecting some properties that were attacked last

Read More...

Leave a reply:

Your email address will not be published.

Mobile Sliding Menu

Share this now