10th February, 2011
The application by Governor Adebayo Alao-Akala of Oyo State to vacate the interim injunction that led to INEC rejecting him as the 2011 governorship candidate of Peoples Democratic Party, PDP, suffered a setback today as the Federal High Court sitting in Ibadan, capital of Oyo State adjourned till Monday next week to adjudicate on the matter.
The presiding judge, Johnson Shakarho had to adjourn despite pressure that the case be heard today on the ground that all the parties should be given the opportunity to reply to all applications.
Counsel to Akala, PDP and its chairman, Dejo Afolabi, Lateef Fagbemi, SAN, E. A Mooye and Chief Richard Akinjide who stated that his appearance was in protest and conditional for the governor, prayed the court to take their application for committal and contempt of court together.
This was opposed by Oluwarotimi Akeredolu, SAN, counsel to the former minister of power, Elder Wole Oyelese and former deputy governor of Oyo State, Hazeem Gbolarunmi and 34 others.
Akeredolu argued that he was not aware of any situation where criminal and civil motions were taken together.
He also argued that his motion should come first before the application for the discharge of the interim injunction by the defendant
Akeredolu recalled that the application for the contempt of court against Akala was hinged on a statement he made ridiculing the court by describing the court order as the height of frivolity.
“Anybody, no matter how highly placed, who described your injunction as height of frivolity and brought a case before you for determination, such a person must first purge himself of the contempt and failing to do so, he must not be heard. You cannot be heard in the court you don’t believe in. Immunity should not give you the liberty to be contemptuous of the court or abuse the court,” Akerdolu pointed out.
Counsel to the state PDP, Lateef Fagbemi (SAN), however urged the court to take the application for committal and his application for discharge of interim injunction together.
He argued that in normal civil procedures, legal trappings were a luxury while notifying the court that the matter came up at a sensitive time.
Akeredolu further argued that since the defendants filed nothing to counter the application of the claimant they could not be heard.
He also stated that the defendants should address the court on points of law in addition to a written address.
Justice Shakarho adjourned sitting to allow counsel to the defendants to respond to the application to contempt and committal while other applications would also be taken.
Prior to the sitting of the court, there was a commotion as newsmen were harassed and intimidated by law students and their senior colleagues who asked the journalists to vacate their seats at the press gallery of the court.
The commotion lasted for almost an hour until Akeredolu intervened and asked the court officials to clear the back seats for the press.
However, the journalists were compelled to stand all through the proceedings. Some of them had to stand in the dock to hear the case.
—Gbenro Adesina/Ibadan