An appeal court sitting in Port Harcourt has ordered an interim stay of judgement on the matter involving the All Progressive Congress APC, Peoples Democratic Party, PDP and INEC, on the stay of execution.
During the court proceeding, Counsel to the 1st respondent, the PDP, who is also Senior Advocate of Nigeria, Ferdinand Orbih, tendered an application before the court seeking to withdraw from a further appearance in the case.
He told the court that his withdrawal from the case is based on personal and passionate reasons, stressing that his withdrawal would not affect the proceedings or applications filed on the matter.
Counsel to APC made a submission to the court and argued that the 1st respondent’s counsel cannot withdraw from the matter because he is bound to finish what he started, adding that there is an authority not to allow a counsel withdraw from a case.
But in their ruling, the three-man panel led by Justice Ali Gumel ruled that the PDP counsel have a constitutional right to choose whether to continue in the matter or not.
Justice Gumel ordered an interim stay of the judgement of the federal high court till the 1st respondent gets another counsel of his choice, and adjourned the case to 13th of February, for hearing of pending motions.
Counsel to PDP, Ferdinand Orbih SAN, told our reporter Tina Amanda, that his withdrawal from the case is due to the fact the interest of his client is no longer protected.
On his part, Counsel to APC, Chimenim Jerome, said the court decided to stay the judgement of the federal high court because of the nature of the subject matter.
In another matter
The appeal court has adjourned for ruling on the appeal filed by Tonye Cole APC, the governorship candidate and other APC candidates with suit no CA/PHC/40/2019, which the All Progressive Grand Alliance, APGA, is seeking to be joined as a respondent in the appeal.
The three-man panel led by justice Ali Gumel reserved the ruling for 7th February.
Speaking to our reporter, APC counsel, Chimenim Jerome, said APGA cannot be joined in the matter because their interest does not align with that of APC.
Also speaking, Counsel to All Progressive Grand Alliance APGA, Donald Denwigwe, said the application they submitted in court seeking to be joined was opposed by the APC as one of the party’s in the matter, but was not opposed by INEC or Magnus Abe APC faction.
He said further that if the trial court disqualifes every other political party in the matter living only APGA, that it means the people would have no choice but to vote in APGA in Rivers state.
