Justice George Omereji of the Rivers State High Court sitting in Port Harcourt has struck out the contempt proceeding suit filed by Igo Aguma, against the factional Caretaker Committee Chairman of the All Progressives Congress in Rivers State, Isaac Ogbogbula, his associates, Senator Andrew Uchendu, Sokonte Davies, and others.
Justice Omereji struck out the matter for the Applicant’s inability to supply the court with proof of service of the originating summons on the Respondents.
The matter was also struck out by the Judge on the basis that the Applicant Counsel did not give reasons to the court for being absent in court.
The court thereby granted the sum of fifty thousand naira fine against the Applicant.
Earlier, the Respondents’ Counsel, Collins Dike, moved an application urging the court to strike out the matter, as the Applicant’s Counsel has failed to show proof of services and for not informing the court of his absence.
He also asked for a cost to be awarded in their favour.
In an interview with our correspondent Tina Amanda, Collins Dike said it was necessary for the court to strike out the matter.
“The last time we were here, the Counsel who appeared for the Applicant informed the court that they have served their originating process on us, but there was no proof of services and in law, they are required to supply the court with the proof of what they served. We are in court and there is nothing in the court files to show that indeed they served.
“They were not in court today to inform the court of whatever happened to the process, they did not also give any reason by a way of a letter for their absence in court. As a result of that, we filed an application asking the court to strike out the matter on these bases and to award cost in our favour.
“The court in its wisdom granted our application and awarded the sum of fifty thousand naira for the time and effort we expended coming to court”