Tina Amanda
A Rivers State High Court sitting in Port Harcourt has adjourned for hearing, the suit filed by Rivers State government against Farah Dagogo.
The case which was originally slated for today for commencement of trial could not go on as the State Prosecution Counsel, Chidi Ekeh, wrote an application which he served on the Defendant Counsel that he is sick and undergoing medical treatment.
The Prosecution Counsel also asked the court to vacate the subsisting date being 13 June, 2020, to a later date.
The Defendant’s Counsel, Cosmos ENWELUZO, SAN argued that the Prosecution Counsel is not the only lawyer in the state ministry of Justice, as there are several other Counsels who can take up the matter in his absence.
He submitted that under the Law, the Prosecution’s application of Ill-health cannot stop the trial proceeding of a matter, noting that there is no special thing about the case, as it is like every other cases in court.
Enweluzo also tendered an application asking the court to strike out the suit in it’s entirety and the Defendant be discharged for lack of diligence in prosecution on the part of State government.
Justice Chiwendu Nwogu, after listening to the argument of the Defendant Counsel agreed that there are other lawyers in the ministry of Justice who could have attended to the case, but ruled that the court is not also ignorant of the application on the state of health of the Counsel.
The court further ruled that it is persuaded to give the State Prosecution Counsel the benefit of doubt and refused to grant the application made by the Defendant Counsel on grounds that it is too early for the case to be struck out.
Justice Nwogu adjourned the case to the 17 June, 2022, for hearing on the matter.
