A High Court of Justice sitting in Lokoja , Kogi state Wednesday dismissed a motion seeking to join the clark of the state House of Assembly, as interested party in the case brought before the court by Elder Simon Achuba, former Kogi state deputy governor.
Elder Simeon Achuba filed a suit in the court following what he described as unlawful impeachment as the deputy governor of the state by the Kogi state House of Assembly.
He sought for the relief of the court to declare the impeachment illegal and to be reinstated as the rightful deputy governor of the state.
Earlier in their submissions, counsel to Elder Achuba, J. S. Okutepa, SAN, in a 13 pages counter affidavit, submitted that the court should discountenance the application by the clark and described it as a breach of court order 11, rule 2, subsection 4, and section 115 subsection 4 of the evidence act.
The counsel to Elder Achuba referred to the clark of the House as an interloper and described his application as a strategy to waste time and sabotage the effort of the claimant. He urged the trial judge to dismiss the application.
Justice John Olorunfemi, the trial judge, while delivering ruling on the matter Wednesday said the clark has not shown sufficient proof in materials or what so ever to warrant his being joined in the matter.
Justice Olorunfemi described the attempt to join the clark in the matter as a calculated attempt to serve as a clog in the wheel of progress in the early determination the matter, adding that the motion cannot stand.
The judge ruled that the issues between Elder Achuba, the House and the defendants joined in the matter can be effectively determined without necessarily joining the clark.
He dismissed the application to be joined by the clark as lacking in merit and failed woefully in its entirety.
