Hearing on the substantive suit filed by the Peoples Democratic Party (PDP) governorship aspirant, Chief Ndutimi Alaibe, will begin on October 18 at the Federal High Court, Yenagoa Judicial Division.
The former Niger Delta Development Commission (NNDC) managing Director is challenging the conduct of the September 3, Bayelsa State governorship primary election, which was won by Senator Douye Diri.
At the preliminary hearing Monday, one of the defendants counsel, Chuks Oguru argued that the Exparte Order earlier granted by the court which abridged the time given to the defendants to respond was contrary to Section 36 of the 1999 Constitution of the Federal Republic of Nigeria as amended, and prayed the court to set aside the order to allow for fair hearing and to give them sufficient time to respond.
Alaibe had through his Somina John-Bull on October 2, obtained Exparte Orders for substituted service on the defendants as well as abridgment of time for the defendants to respond.
Ruling on this the presiding judge, Justice Jane Inyang, granted the oral application of the defendants’ counsels and set aside the exparte order which had abridged the time for the defendants to respond to the matter.
Justice Inyang adjourned to October 18 for hearing on the substantive suit.
Reacting on the ruling, counsel to the defendant, Chucks Oguru, said, “Sometime last week, behind our back when the defendants haven’t been served, the plaintiff counsel came to the court and obtained an order that we be served by means of substituted service and also our time for responding to the case of the plaintiff which ordinarily should be 30 days or 42 days depending on the method they came with was abridged to 5 days including Saturday and Sunday and we were put under immense pressure to respond to the case contrary to Section 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
“So, today all counsels in the matter applied to the court orally that that order is vacated so that the defendants will have sufficient time to respond to the case that has been brought against them and that is the position of the constitution and that is the position of law.
“And the court displayed judicial activism and agreed with the submission of the defendants and set aside that Order.”
The Court of Appeal in Sokoto Monday reserved judgement in the appeal against the election of Senator Abubakar Shehu Tambuwal representing Sokoto South Senatorial District.
The candidate of the Peoples Democratic Party (PDP), in the Sokoto South Senatorial District election conducted on February 23, 2019, Senator Abdullahi Ibrahim Danbaba, had filed the appeal after the 2019 Election Petitions Tribunal dismissed his petition against Senator Tambuwal.
The Appeal Court also reserved judgements in the appeals filed against Member representing Rabah/Wurno Federal Constituency, Architect Ibrahim Almustapha Rabah and Member representing Gwadabawa/Illela Federal Constituency, Dr Abdullahi Balarabe Salame of APC.
The candidate of the PDP in the Rabah/Wurno Federal Constituency election, conducted on February 23, 2019, Hon. Kabiru Marafa Achida, filed the appeal against the election of Architect Almustapha Rabah.
Similarly, the PDP candidate in the Gwadabawa/Illela Federal Constituency election conducted on February 23, 2019, Hon. Halliru Garba Gidan Hamma, filed the appeal against the election of Salame.
