Again, Obaseki seeks adjournment in alleged forgery case citing appeal at Supreme Court

By Andrew Orolua

Again, Governor Godwin Obaseki of Edo State on Tuesday told the Federal High Court in Abuja to adjourn the preelection suit filed by All progressives Congress( APC ) that is alleging that he forged certificate with which he used in securing his candidacy for September 16 election.

Obaseki through his lawyer Mozia (SAN) told the Court that an indefinite adjournment of the matter was necessary to enable the Supreme Court determine his appeal against the decision of Court of Appeal Abuja Division which on December 16 dismissed his appeal for a stay of proceedings in the matter.

A three man panel of the appllate court presided by Stephen Adah had on December 16, dismissed Obaseki and ordered daily hearing of the matter.

When the matter resumed on Tuesday, Obaseki said that an indefinite adjournment of the matter was necessary to enable the Supreme Court determine his appeal against the decision of Court of Appeal Abuja Division that dismissed his application for a stay of proceedings in the matter at the Federal High Court.

The trial court judge Jstice Ahmed Mohammed of Federal High Court had on December 15 adjourned the matter indefinitely pending the decision of Court of Appeal.

However on December 15 in its ruling, the appellate court dismissed Obaseki’s application for lacking in merit and ordered that the matter be heard on daily basis. Chief Akin Olujimi (SAN) counsel to APC explained that “we met at the Court of Appeal on 16 Dec and the motion for stay was dismissed by Court of Appeal”.

“The court was emphatic that in view of the provision of the alterations Act the lower court and Court of Appeal have no jurisdiction to stay proceedings in a pre-election matter were time is utmost essence.

The court therefore directed that trial Court should continue with the proceedings,” he said.

He also informed the court he wrote through the Deputy Registrar forwarding the ruling of the appellate court and had prayed for 19 Dec for hearing but the Court gave December 22.

But Mozia said it was inappropriate for the plaintiff to have written the court .He said the defendant was dissatisfied with the decision of Court of Appeal and have filed an appeal against it at the Supreme Court.

Notice of Appeal have been duly served on the parties in this case. Record of Appeal has been duly transmitted from Court of Appeal to Supreme Court on Appeal Number SC /cu/ 989/2020 between Godwin Obaseki and APC and four others.

We have also file an application praying the court for a stay of proceedings in this court and praying also for stay in the ruling of the court of appeal deliver on December 16.

We pray for a restraining order to stop the Court from commencing enforcement of the Court of Appeal order.

The status of the appeal has been brought via affidavit deposed to by one Ibraham Olajide.Copies of notice of Appeal and other reliefs mentioned were all exhibited in the affidavit.,he further informed the Court.

We included certificate copy of the enroll order of the Court of Appeal on appeal CA/128/2020 where in a similar situation at the Court of Appeal Benin, after delivering judgment directed a trial court to continue with the proceedings in suit between Ken Asekomhe and others against APC.

Where my brothers in the other side went to Supreme Court. We are still waiting and this court acceded to their request.

He exhibited the ruling of the Federal High Court. They should proceeded before this court in same manner as they have a duty to continue to maintain that stance that this court must await the determination by the Supreme Court, he said.

According to him, a party has taken step to contest the decision of the Court of Appeal at the Supreme Court because the ruling will not be taken as final until the matter is resolved at the Supreme Court.

He submitted that the appropriate cause will be for the trial court to wait the decision of Supreme Court.

The second leg is that they appeared on protest and the basis of protest was that a letter dated Dec 18, by the Chief Judge did not permit pre election matter to be heard during vacation.

Olujimi objected to that line of information stating that the appropriate way is bring formal motion exhibiting the document so that other parties can respond.

It is not permitted to spring a surprise.

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He urged the court to rule the counsel out of order in this second leg of his argument having failed to bring a formal application.

The circular in question was from Chief Judge of Federal High Court to all judges designating a period of Xmas of holiday.

In his ruling ,justice Mohammed stood down the matter for 15 minutes and ordered Mozia to serve the plaintiff with the Chief judge circular.

The matter continues.