A Kogi State high court sitting in Lokoja, on Tuesday, adjourned a suit seeking to disqualify the governorship candidate of the Peoples Democratic Party (PDP), Engr Musa Wada from contesting the election to November 27.
The suit was filed by one of the aspirants that contested the primary of the party Abubakar Idris, a son of former governor of the state, claiming that Wada was not properly elected by the delegates of the party.
Abubakar was, therefore, asking the court to disqualify Wada and declare him as the rightful winner of the party’s primary.
At the last sitting of the court last Friday the court adjourned the case till Tuesday after all the witnesses of the plaintiff had testified and were cross-examined by the counsels to the parties.
However, at the resumed hearing of the case, counsel to the first defendant, (PDP), Mr Kola Olowookere, told the court that the former counsel handling the case was indisposed and has just handed over the case to him less than 24 hours of his appearance in court.
Olowookere told the court that he had to study the file to decide whether to continue with the case at the stage it is now or to modify it by calling more witnesses.
The counsel prayed the court for adjournment of five working weeks so that he would be able to study the case properly and continue (if necessary) at the stage it is now.
He stressed that for justice and fair hearing to be dispensed to all parties, enough time must be given for the trial judge to “hear all the hearable and see all the seeable.”
But counsel to the plaintiff Mr . Rowland Otaru, SAN, opposed the demand, arguing that Olowookere did not need any extra time to study a case which has reached a defence level.
He urged the court to remember that the issue at stake was the governorship election and was 10 days away and of public interest
Otaru said the defence counsel was only using delay tactic to prolong the case and reminded the trial judge of his earlier promise to give the case an expeditious hearing and therefore urged the court to overrule the plea.
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But counsel to Wada, who was the second defendant, Prof Joash Amupitan, SAN, who supported the plea for adjournment, told the court not to allow itself to be stampeded into making a decision that would not be fair to all the parties in the suit.
He said, “the principle of justice and fair hearing is a tripod issue that affects not only the claimant but both the defendant and even the court .”
According to him, since the case is a pre-election matter the court is constitutionally allowed to adjudicate in the matter within 180 days, saying “the court still has many days on its side and should therefore not allow it to be rushed in a way that justice will be miscarried”.
The presiding judge, Richard Olorunfemi, while adjourning the case to November 16, said nobody can pressurise or stampede him to do anything outside the law.
He said that he had read on the social media how some insinuations were being made against him, saying that he remained undaunted because he has made a covenant with God to service with his conscience, honour and integrity.
“None of you can buy me over, whether it is APC or PDP or anybody. I have made a covenant with my God precisely on May 18, 1999, that if I upturn justice for any monetary gain or favour that God should remove me from where I am because my being a judge is by his mercy, “he stated.
Olorunfemi said the court must not be made to embark on ‘neck-breaking speed’ when there was still enough time to hear all sides of the case, adding that for justice and fair hearing, no one should be deprived of being adequately heard.
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