The trial of authenticating WAEC certificate of Pastor Umo Eno, Peoples Democratic Party governorship candidate, Thursday suffered as Mr. Aniekan Etim, sought the Court’s leave to be joined as a party in the suit.
Etim, a Governorship aspirant who participated in the May 25 PDP primaries in Akwa Ibom, wanted to be joined in Okon’s eligibility suit.
This was as the suit No. FHC/UY/CS/110/2022 filed by Mr. Akan Okon, PDP governorship aspirant, came up Thursday for hearing in motion for joiner at the Federal High Court in Uyo presided by Justice Agatha Okeke.
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In his submission, Paul Usoro, a Senior Advocate of Nigeria, who is the Counsel to PDP and Pastor Umo Eno, opposed the application by Mr. Aniekan Etim on grounds that he is not what he described as a necessary party in the suit.
He pointed out that, for a necessary party to be joined, the plaintiff, Mr. Akan Okon must have applied for reliefs against the defendants and his interest aligned with that of PDP and its governorship candidate.
The Senior Advocate of Nigeria also said that there was no connection in a situation where Mr. Aniekan Etim who is seeking to be joined in the suit, is also calling for the cancellation of the PDP primaries, which produced Pastor Umo Eno, the second defendant, as the governorship candidate.
Another Senior Advocate of Nigeria, Uche Awa, who is the Counsel to Mr. Akan Okon, also opposed the application by Mr. Aniekan Etim, describing it as an abuse of court process.
Earlier, the applicant, Mr. Etim’s lawyer, Tabi Tawo had said having been a card carrying member of PDP who paid for the party’s governorship nomination forms and took part in the primaries where he secured some votes, his client deserved to be joined in the suit as the fourth defendant.
He cited Order 9 Rule 5 of the Rules of the Federal High Court, 2019, which states that “any person may be joined as defendant against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative and judgments may be given against one or more of the defendants as may be found to be liable, according to their respective liabilities without amendment.”
Barr. Sigalo Kpobari, the Counsel to the third defendant, Independent National Electoral Commission, INEC, said he would not join issues with the parties, as INEC being an independent umpire, would be leaving the matter at the discretion of the Court.
The case has been adjourned for ruling on a date to be communicated to parties.
Enoidem triumphs as Court strikes out suit
In another development, Federal High Court in Uyo Thursday struck out a case filed by Chief Inibehe Okori challenging the victory of Barr Emmanuel Enoidem as the candidate of the PDP in Akwa Ibom North West Senatorial District.
The suit Number FHC/CS/134/2022 was struck out following the failure of the plaintiff to make appearance in court.
Barr Utibe Nwoko who represented the 1st & 3rd Defendants told the court that there was no lawyer for the plaintiff (Inibehe Okori).
Nwoko informed the court that the case came up for mention on 18/07/2022 and counsel for the plaintiff informed the court that the Defendants have not been served with the Originating Processes and prayed for adjournment to enable the Plaintiffs to serve the defendants.
The court granted adjournment till Thursday, July 21, 2022.
However, the Plaintiff’s counsel was absent in the Court and the plaintiff was equally not in court.
There was no letter for adjournment from the Plaintiff’s counsel.
Consequently, Nwoko urged the court to strike the suit for lack of diligent prosecution.
The court, accordingly, struck out the suit.
