4th April, 2011
The court action instituted by the former Minister of Power, Elder Wole Oyelese and 36 others challenging the legitimacy of Governor Adebayo Alao-Akala to contest the April governorship poll was today stalled at the Court of Appeal sitting in Ibadan, capital of Oyo State, Southwest Nigeria, due to none compliance with a court order.
The court had earlier ruled on 31 March that processes be served on the Deputy Chief Registrar of the Federal High Court, Ibadan, to furnish it with the record of court proceedings and the order restraining INEC from recognising Akala as the Peoples Democratic Party, PDP, governorship candidate in Oyo State.
The PDP and Akala through their lawyers, Chief Bolaji Ayorinde (SAN) and Chief Richard Akinjide (SAN), faulted the records of the Federal High Court submitted by the counsel to the appellant, Mr. Oluwarotimi Akeredolu, saying that it is likely not to be the correct record of the lower court.
This necessitated the appellant praying that the court should order the Chief Registrar of the lower court to submit another record just to be sure that the court has a correct version of the record of the lower court.
But, rather than the order being served on the Deputy Chief Registrar, it was served on Justice Jonathan Sharkarho who made the order.
While all the counsel were waiting for the court to start taking their arguments, Justice S.J. Alagoa hinted the court that by its record, his order was not served on those it was directed to and sought for an order as whether to go ahead or not despite this defect.
While Akeredolu (SAN) argued that the court could still go ahead with the hearing despite the defect, Chief Ayorinde (SAN) and Chief Akinjide (SAN) argued otherwise, saying that as long as service to the appropriate quarters had not been made, the case could not continue. Ayorinde noted that notice of service is the fundamental to hearing proceedings, stressing that as long as the order has not been carried out, the case could not be continued.
Chief Akinjide said, “Your lordship cannot proceed on the matter so it has to wait for another time.â€
Justice Alagoa said that in the interest of doing what is right, the case has to be adjourned till another time.
Considering the urgency of the case, Justice Alagoa however said, “The matter is further adjourned till Wednesday 13 April 2011 for further hearing.
—Gbenro Adesina/ Ibadan