A’Court orders speedy hearing of Okorocha suit

By Andrew Orolua, Abuja

The Court of Appeal, Abuja has ordered the Federal High Court, Abuja to hear the suit filed by former Imo state Governor, Rochas Okorocha at the lower court challenging the withholding of his certificate of return for Imo West Senatorial District by the Independent National Electoral Commission (INEC).

The Court of Appeal also struck out two motions filed by Senator Osita Izunaso, one for leave to appeal an interlocutory decision of the trial court and the other for an order staying proceedings at the Federal High Court pending the determination of the appeal.

It struck out both motions after the lawyer to Izunaso, Edidem Ani applied to withdraw them on realising that they were defective.

Justice Okon Abang of the Federal High Court, Abuja, had on May 22 adjourned further proceedings in the case filed by Okorocha to await the Court of Appeal’s decision in the motion for stay of proceedings filed by Izunaso.

With the decision of the Court of Appeal, the coast is now clear for Justice Abang to resume proceedings in the case filed by Okorocha.

In the ruling by a three-man panel, led by Justice Stephen Adah, the court said that “since there is no opposition to the request for the withdrawal of the motion for stay filed on May 17, it is hereby struck out, having been withdrawn.

“Under Rule 10 (c) of the Practice Direction of this court 2013, this court is mandated to order accelerated hearing of the case at the lower court.

“But, since we have been informed that the lower court has been hearing the case day- to- day, there is no need to order a fresh accelerated hearing.

“The day-to-day hearing, as it is presently done by the lower court is commendable and it should continue. That is the order of this court.”

Other members of court’s three-man panel that gave the ruling are Justices Emmanuel Agim and Mohammed Idris.

Izunaso had in his appeal challenged the jurisdiction of the Federal High Court, Abuja to hear Okorocha’s suit.

He is also querying the competence of the decision by Justice Abang, granting the request by the Peoples Democratic Party (PDP) to be made a defendant in the suit.

Before adjourning proceedings on May 22, 2019, Justice Abang had threatened to send Izunaso to prison for committing contempt of court by including the judge as a party to be served with the processes he filed at the Court of Appeal.