Yakubu Busari
Hon Justice Musa Haruna Kurya of the Federal High Court sitting in Jos ,the Plateau state capital has adjourned to 20th May ,2016 for hearing into post-elections matters.
In a suit FHC/J/CS/2015 between Abdulsaleh Vs Hon Ibrahim Baba Hassan and 2 orders where both aspirants of All progressive Congress (APC) disagreed on the outcome of the party primaries, the presiding judge ,Hon Justice Musa Haruna Kurya while granting the prayer of the first defendant’s counsel ,Barr. Solomon Umoh on the fresh application to enable him regularize and harmonize some of his points said the process was not objected by the Plaintiff’s counsel and INEC .
SAN ,Solomon Umoh disclosed that the two applications is to help the court define all the points of contention mentioned by the plaintiff in its motion of exparte motion.
The counsel to Abdulsaleh the plaintiff told the court that the first defendant filed the two applications out of time which started on the 5th April.
The Plaintiff counsel Barr. David Ibeawuchi told journalists that the matter was slated for hearing, but the first defendant stalled proceeding when he brought fresh a application to regularise the process as they didn’t open their defense .
He also said they couldn’t object to the applications as they are ready to take the substantive suit in its submission before the honourable court.
According to him, we support the continue hearing from those applications, even as the senior advocate filed another preliminary objection to buy bulk of time .
Barr. Ibeawuchi said as an opposition the senior advocate was set to take us by surprise, but that is the reason why the sitting was delayed for quite some time.
However, in making our position known we call on the judge to include this issue of applications as fact in the record to serve as future evidence and to be on the court records, this is what they have been doing to serve as delay tactics.
Ibeawuchi also accused the first defendant of embracing delay tactics to frustrate his client proceedings by wanting to take them by surprise.
He stressed that the issue of preliminary objections must be trashed within time frame which they are now filing out of the 21 days which they have armful time to bring their objections but they didn’t do.
While the counsel to Independent Electoral Commission ,INEC, Barr Fatima Ibrahim said as electoral umpire they still remains neutral on the matter .