The controversial amended Akwa Ibom Traditional Rulers Law suit instituted by the 13 Paramount Rulers against the state Governor, Pastor Umo Eno and other parties was stalled as both parties could not reach a common ground for peaceful settlement.
Other parties are the Speaker, Akwa Ibom State House of Assembly and the State Attorney-General and Commissioner for Justice.
This followed the insistence of the defendants for outright withdrawal of the case from the court for settlement while the plaintiffs (Paramount Rulers) sought for leave to explore the settlement.
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The matter which came up for first hearing at the Akwa Ibom High Court No. 2, Uyo on Monday shocked the royal fathers following the defendants’ readiness to pursue the case in court.
Recall that on October 17, the governor had met with the royal fathers and asked them to withdraw the matter from court for settlement, but the rulers are said to be afraid that the matter would be statute-barred if the governor employs delaying tactics in resolving the thorny issue.
One of the lead counsels to the plaintiffs, Jumbo Uyo-Obong Udom, esq. informed the court of their motion for leave to explore settlement and for adjournment sine die to enable parties to meet and explore out-of-court settlement with the Governor.
The Plaintiffs Counsel informed the court that they could not accept outright withdrawal of the case in view of the three months’ time line of the case, which was why they sought this middle ground as a sign of good faith.
Also read: Akwa Ibom State Traditional Rulers’ Council Law: Facts and Fiction
However, the state Attorney General, Uko Udom (SAN), vehemently opposed plaintiffs’ application for leave to settle the matter and for adjournment sine die.
Udom insisted that the only condition for settlement is outright withdrawal of the case; otherwise, the defendants are prepared for the case to proceed.
The Court presided over by Justice Archibong Archibong wanted to adjourn the matter for the state chief law officer to have a rethink or reconsider his position in opposing the application for leave to settle the matter, but the Attorney General insisted that he does not need time to reconsider it.
‘‘If plaintiffs do not accept the condition to withdraw, the matter should proceed for further hearing,’’ he stated.
The Court observed that the parties have not shown serious intention to explore settlement in this matter.
In view of the stiff opposition of the AG against efforts at peaceful settlement of the case, Plaintiffs Counsel applied to withdraw the motion for leave to settle the matter as it was obvious there was no good faith in the appeal for settlement.
The Court, therefore, struck out Plaintiffs motion for leave to explore settlement out of court.
The Attorney General informed the court that the defendants had filed a preliminary objection to the plaintiffs’ suit No: 26/10 and same was served on the Plaintiffs on October 27, seeking to move the objection.
Plaintiffs’ Counsels promptly informed the court he had filed and served a motion for amendment seeking to exclude the representative clause which is the fulcrum of defendants’ objection on issue of locus standi.
The AG insisted that his motion is ripe for hearing and should be heard first.
Plaintiffs’ Counsels argued that AG preliminary Objection was not ripe since he was served late on Friday, October 27, 2023 unless the AG would concede to the two motions being heard Monday, since Plaintiffs motion is indeed a response to the preliminary objection.
Court found that indeed none of the two motions was ripe for hearing on Monday.
The Court asked both Counsels to agree on a date, so that whoever wanted to respond to each other’s motion could do so before the adjourned date.
The matter was, therefore, adjourned to November 11, 2023 for hearing.
Straightnews gathered that Section 47 of the amended Traditional Rulers Law, 2022 provides for appointment of Okuibom Ibibio as the President General of the Supreme Council of Traditional Rulers in perpetuity, being a monarch from the largest ethnic group in the state.
