By Francis Onoiribholo / Bureau Chief Benin
The Local Government Election Appeal Tribunal sitting in Benin City has upheld the withdrawal of the counter-affidavit earlier deposed to by counsel to the All Progressive Congress (APC), Ken Mozia (SAN), and consequently struck it out in the interest of fairness and equity.
When the two cases with Appeal NO.ED/LG/APP/TRI/15/14 and NO.ED/LG/APP/TRI.11/ 14 already slated for rulings were mentioned, counsel to the 2nd and 3rd respondents/Applicants, Ken Mozia (SAN) came with a motion filed and served on the 1st cross appellant/applicant (John E. Yakubu) seeking the leave of the court to withdraw the affidavit earlier deposed to as counsel, citing “Broad line Enterprises Limited against Monterey Maritme Operation & ors.”
In a swift objection, counsel to 1st and 2nd appellant, Chief Ighodalo Imadegbelo (SAN), and Chief Fred Orbih (SAN) leading Kingsley Obamogie Esq and others averred that the withdrawal of the counter affidavit by the 1st respondent counsel was tantamount to the arrest of the ruling of the court which ought to have been delivered, saying it was a process alien to the Nigeria legal jurisprudence.
The SAN further cited “Ukachukwu vs PDP,” “Shettima vs Goni,” Newswatch Communication Limited vs Attah,” “Bob Manuel vs Briggs.”
He stated that the notice of withdrawal was now incompetent as argument had been taken and therefore urged the court to rule on the matter.
Chief Imadegbelo (SAN) adduced further that it was cardinal in the administration of justice that after argument concluded their ruling follows, especially as the parties have reached the point of “Latis Contantacio,” citing the case of “Nnajaifor vs Ukonu,” “Oguntayo vs Adelaya.”
On his part, counsel to the 2nd appellant (PDP) Chief Fred Orbih (SAN) adopted the submission of Chief Imadegbelo, even as he said the withdrawal of the counter affidavit at this stage was contrary to Section 36 of the Constitution which deals on fair – hearing, describing it as amounting to academic exercise.
In his reply on point of law, Ken Mozia (SAN) said there was no application filed to arrest the court ruling, just as he pointed out that notice to withdraw was not an application.
He also submitted that Section 36 does not arise in the matter, as he regarded the submission of Imadegbelo (SAN) as not applicable on the matter.
Meanwhile, counsel to the 1st appellant/respondent, Rasaq Isenalumhe Esq remained indifferent to the contended issue as it did not affect his case.
Having listened to their submission, the Tribunal took a short break and thereafter came out with their rulings that the counter-affidavit be withdrawn and consequently struck the suit.
Justice Ikponmwen then adjourned the case till today for hearing on the motion against two judges in the panel.
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