While adjourning the trial, Hon. Justice H. A Nganjiwa, ruled that, “once a case was already in the Appeal Court, and has been compiled and transmitted, the trial court has no option, but to wait for the appeal to finish, and therefore adjourned deliberations to October 21, for the parties to come and report the progress of the matter in the appellate court.
Responding to questions from newsmen shortly after court session, counsel to Hon. Justice Peter N.C Agumagu, Chief Beluolisa Nwofor (SAN) noted that the importance of the ruling was that all proceedings be stopped, till the appeal by his client is determined. “Everybody is now moving to the Appeal Court to fight it out there” he said.
On whether his application for indefinite adjournment was considered or not, he stated, “One could say one thing in two ways, whether sine dine or, come to October 21, and report to me, the development in the Appeal Court, all have the same effect.
Also in his reaction, counsel to Hon. Justice Daisy Okocha, Barrister Dike Udenna, upheld the view of the court in adjourning the case because of the appeal made by Hon. Justice Agumagu.
“Although the appeal seemed like a stall in the progress of the case, all the same, appeal is a constitutional right, which must be respected”, he affirmed.
Similarly, counsel to Rivers State House of Assembly (RSHA) Barrister Emenike Ebete, noted that the law was very clear on constitutionality and therefore accepted the adjournment.
One legal practitioner George Ariolu, had gone to court to challenge the appointment of Hon. Justice Peter N. C. Agumagu.
He prayed the court to nullify his appointment and place Hon. Justice Daisy Okocha in his stead. Others dependents in the suit were the Attorney General of the Federation and Ministry of Justice, Nigeria Judiciary Commission NJC, Governor of Rivers State, Rivers State House of Assembly RSHA, Hon Justice Daisy Okocha and Rivers State Attorney General and Commissioner of Justice.
However, the trial judge while hearing the case had maintained that he would take the substantive suit and the preliminary objection at a time, the reason for which Hon Justice Agumagu went on an appeal to stop further deliberation on the matter till its determination in the Appeal Court.
