THE absence of counsel to the All Progressives Congress (APC), Prince Lateef Fagbemi (SAN) and the National Chairman of the party, on Friday stalled trial in the suit seeking the sack of Governor Oluwarotimi Akeredolu of Ondo State.
Justice Nalnamdi Dimga of the Federal High Court in Abuja had on December 11 last year adjourned the case, filed by APC chieftain, Olusegun Abraham, to January 15 this year for a hearing, but, upon request by lawyers in the case, the court rescheduled the case to January 18, 2019, for trial.
Abraham, who was the 1st runner-up in the APC governorship primary in Ondo State in 2016, is by the suit, marked: FHC/ABJ/CS/788/2016, challenging Akeredolu’s emergence as the winner of the primary and the party’s candidate for the last governorship election in the state.
Abraham alleged that the primary was manipulated to favour Akeredolu and wants the court to nullify Akeredolu’s victory and pronounce him (Abraham) the winner of the primary and the party’s candidate for the election.
When the case was called on Friday, Muritala Abdulrasheed, who announced appearance for the APC and its National Chairman, informed the court that the lead counsel for his clients, Fagbemi was absent in court because he lost his aunt and had travelled to Kwara State for the burial.
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Abdulrasheed said, “The matter is for hearing today. But, we are constrained to seek for an adjournment on the grounds that the lead counsel for the 1st and 3rd defendants (APC and its National Chairman), Prince Lateef Fagbemi (SAN) is bereaved.
“Prince Fagbemi got the sad news late yesterday and has to rush to Kwara for the funeral rites of his aunty who died yesterday.
“I was informed about the sad development this morning and we have informed other lawyers in the case.”
When asked by the trial judge, Justice Dimgba, who informed him about the development, Abdulrasheed said: “I was informed by Omosanya Popoola, a counsel in Prince Fagbemi’s chambers.
On whether he was not part of the pre-hearing meeting, Abdulrasheed said he was one of the lawyers briefed in the case, but that he was not present at the pre-trial arrangements.
Counsel to Akeredolu (2nd defendant), Akiin Olujinmi (SAN) confirmed that Fagbemi’s trip to Kwara was in relation to the burial of his relative. He said it was not a ploy to delay proceedings.
Plaintiff’s counsel, Professor Joash Amupitan (SAN) also confirmed the development and said he would concede to the request for an adjournment because Fagbemi was his good colleague.
Amupitan recalled that on December 11 last year the court directed parties to meet and agree on what non-contentious documents should be admitted and those to be rejected.
When Amupitan moved to tender the documents he said had been agreed on, the judge noted that the documents were not accompanied with a well-drawn out the schedule and upon agreement by lawyers to parties, the judge then adjourned to January 22, 2019 (at 2 pm) for the admission of documentary evidence agreed to by parties.
Justice Dimgba ordered parties to prepare a schedule of documents to be tendered to allow for easy reference and adjourned hearing in the substantive case to January 31, 2019.
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