Tina Amanda
A Federal High Court sitting in Port Harcourt has adjourned to 19 July 2022, to entertain a motion of joinder filed by Counsel representing Ojukaye Flag-Amachree in the suit challenging the emergence of Tonye Cole as the All Progressives Congress, APC governorship candidate in Rivers State.
Bernard Mikko, one of the Governorship Aspirants of APC had filed a suit against Tonye Cole, All Progressive Congres APC party, and Independent National Electoral Commission INEC for alleged noncompliance with the electoral act.
Mikko is seeking, among other things, the leave of the court to stop and restrain Tonye Cole from parading himself as the governorship candidate of APC Rivers State.
During the proceeding, Counsel to Cole pleaded with the court for a new date to enable him to respond on point of law to the counter/further affidavits filed by the Plaintiff Counsel and the motion for application of joinder by Ojukaye’s Counsel.
However, Counsel to the plaintiff opposed the applications made by the 1st Defendant Counsel asking the court for more time.
Justice Phoebe Ayua after listening to Counsel in the matter granted the application of the 1st Defendant for a fair hearing.
The court however ordered that Tonye Cole’s Counsel should pay the sum of one hundred and fifty thousand naira as the cost demanded by the Counsel to Mikko during his arguments against the adjournment as it will cause an unnecessary delay with the hearing.
In an interview with our correspondent Counsel to Bernard Mikko, Usman Sule Senior Advocate of Nigeria SAN said he strongly opposed the adjournment moved by Tonye Cole’s Counsel as time is of the essence in election matters.
“Incidentally we have asked for cost because this is drawing the clock hand backwards. Election matter is sui generis and time is of the essence, we will not allow unnecessary adjournment the court agreed with us and gave them a cost of One hundred and fifty thousand naira for wasting our time and for not going on with today’s hearing.
“You know this is an election matter it affects the interest of the Governorship candidate of the APC and what we are saying here is the election was mar with irregularities and there was no election. Secondly, Tonye Cole has no legal right to go on with the election because of the financial case against him”.
Also, Emenike Ebete Counsel to APC explained that the party is against the suit because the plaintiff and Defendant in the case are their party members.
“When they have misunderstood it is my duty to come in as a father, we are opposed to the case because hearing there are no primaries, delegates were not selected for the due process and the candidate for the party Tonye Cole is not qualified, those saying’s have no basis either factually or legally”.
