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Godwin Tsa, Abuja
Tempers flared at the Abuja division of the Federal High Court, as four other persons were joined as interested parties in a suit filed by the Imo State governor, Rochas Okorocha urging the court to grant an order compelling the Independent National Electoral Commission (INEC) to issue him with a certificate of return as the senator-elect for Imo West senatorial district.
In the suit as defendants are Dr. Uche Ibeh, Joined in the suit as 4th, 5th, 6th and 7th defendants are Nwachukwu Clement, Precious Nwadike and the All Progressive Grand Alliance (APGA).
The development did not come smoothly as the court became rowdy in the course of submissions by counsel to parties to the suit.
The situation climaxed into some hot exchange of words between some senior lawyers to the chagrin of Justice Taiwo, who announced that he will stand down the matter for tempers to calm down.
The judge, however, changed his mind and advised lawyers to conduct themselves orderly and avoid making uncomplimentary statements.
Thereafter, the court proceeded to grant applications brought by parties seeking to be joined in the matter as interested parties.
Justice Taiwo who granted the applications for joinder ordered that all other parties interested to be joined in the suit must do so before Tuesday next week.
The court warned that thereafter, it would close its door against any other person who might have an intention to be joined the case.
At the last adjourned date, the court had by agreement of counsel, joined the candidate of the People’s Democratic Party (PDP), Jones Onyeriri, and that of the All Progressive Grand Alliance (APGA), Senator Osita Izunaso, as the 2nd and 3rd defendants in the suit.
Okorocha allegedly won in the February 23 Imo West senatorial election on the platform of the All Progressives Congress.
He was, however, not presented with a certificate of return by the electoral body as his name was not listed by the Independent National Electoral Commission among the senators-elect who were presented with their certificates of return.
The commission claimed the winner of the Imo West Senatorial District election was announced under duress.
It, therefore, did not list anyone as the winner.
The Returning Officer for the election, Prof Francis Ibeawuchi, declared Okorocha as the winner of the poll, having polled 97,762 votes ahead of his closest rival, Mr Jones Onyereri, of the People’s Democratic Party, who polled 68,117 votes.
However, both the PDP and the All Progressive Grand Alliance protested against the declaration of Okorocha as the winner of the election.
Ibeawuchi later claimed he was forced to declare Okorocha as the winner to save his life.
He said that he feared for his life, and he was forced to announce the result of the poll, which he said was inconclusive, in favour of the governor.
But determined to claim his mandate, Okorocha had in a suit marked FHC/ABJ/CS/296/2019, filed by his counsel, Kehinde Ogunwumiju (SAN), sought the court order compelling the INEC to issue him a certificate of return as the validly elected senator for the district.
In the suit he had listed the electoral body as the sole defendant; Okorocha contended that having declared him winner of the election, INEC has no power to withhold his certificate of return.
It was a give-and-take decision on the part of counsel in the suit who traded their legal tricks in favour of an accelerated hearing of the matter.
While the plaintiff counsel traded his right to object to the applications brought by parties seeking to be joined in the suit as interested parties for an abridgment of time, counsel to the parties seeking joinder on the other hand forfeited their objections for abridgment of time.
Following the mutual agreement, the applications seeking to be joined in the suit by the PDP and APGA candidates were withdrawn and struck out by the court.
While Prince Nwafor Orizu appeared for Senator Izunaso, Chief Emeka Etiaba (SAN) appeared as counsel to Onyeriri.
Counsel to the INEC, Mrs. Wendy Kuku, also consented to the mutual agreement.
Having joined the interested parties, Justice Taiwo commended the action taken by counsels to parties to the suit as a healthy development aimed at fast-tracking the hearing of the case.
“Your action is in line with the ethics of the legal profession and it will help the court to timeously adjudicate on the matter. This court also has powers under Order 9 rules 14 (3) to suo muto joined the applicants.’
He consequently ordered counsel to the plaintiff, to amend his originating process to reflect the new parties.
Justice Taiwo also ordered the defendants to file and exchange their process within 10 days, while the plaintiff’s counsel was given three days to respond to the processes.
The matter was then adjourned to April 9 for the hearing of the originating motion and all pending applications.
