Proceedings in the suit filed by the embattled Imo State Deputy Governor, Prince Eze Madumere, was Monday stalled, following the motions filed by the Attorney General, counsel for the Chief Judge, Mr. Milletus Nlemadim, SAN, and Mr. O. C. Chibueze, counsel for the Speaker and the State House of Assembly.
While Nlemadim was questioning the jurisdiction of the Court to entertain Madumere’s suit, Chibueze sought a judicial review of the restraining order handed down by the presiding Judge, Justice Benjamin C. Iheka, on July 30, 2018.
Recall that when the matter, HOW/565/2018, was called up earlier, Madumere’s counsel, Prince Ken C. O. Njemanze, SAN, said, “My Lord, during the last sitting, the Court gave an order for substituted service. My Lord, we have made the publications in Vanguard, Trumpeta and Announcer Express newspapers, as ordered by the Court, and filed an affidavit of compliance accordingly. If it pleases the Court, we are very ready to argue our motion for the setting aside of all the actions of the respondents in respect of the purported impeachment of the Deputy Governor of Imo State.”
Responding, the Attorney General told the Court that the defence was unaware of the alleged content of the affidavit of compliance.
However, when Justice Iheka loudly read the affidavit of compliance, Mr. Nlemadim said that “there are the issues of jurisdiction and review of the Court’s restraining order of July 30, 2018, especially as it has expired.”
In his own reaction, Njemanze accused the defence counsel of “playing games in this matter”.
“The defence are simply playing games in this matter. We were before you last week Monday. All of them did absolutely nothing about the matter before the Court until Friday afternoon. What did they expect me to do when workers had gone home for the weekend?
“It is most shocking to hear the Attorney General say that the Court’s order, which was handed down after listening to the argument of counsel on all sides, has expired.
“My Lord, what the Attorney General just said, reminds us of how he advised the state government that the restraining order made, in respect of Ekeukwu Owerri had expired. That was largely why the market was demolished. He has come again with the same gimmick,” Njemanze said.
Dousing the rising tension between the two senior advocates, Justice Iheka told counsel on all sides to tidy up their motions before the next date.
“You must tidy up your motions. Time is of essence in the suit. This Court will not be favourably disposed to hearing the motions one after another. I am very prepared to take all of them at the same time. You must make sure that processes are served on all parties. This matter, by agreement of counsel, is adjourned to September 3, 2018, for definite hearing”, Justice Iheka said.
