By Sunday Ejike Benjamin
A Federal High Court in Abuja will on March 28, 2012 rule on the application brought by the Kogi state governor, Capt. Idris Wada seeking to stay proceedings in a consolidated suit brought against him by the winner of the January 2011 Peoples Democratic Party (PDP) governorship primary election, Alhaji Jibrin Isah Echocho and another governorship aspirant under the platform of the party, Mr. Oyebode Makinde.
The plaintiffs had through their respective counsel, Chief Wole Olanipekun (SAN) and Dr. Alex Izinyon (SAN) instituted a suit seeking to stop Wada from parading himself as the governor of Kogi state on ground that the election that brought him in was null and void.
When the matter came up on Friday, counsel to Wada, Chief Chris Uche (SAN) brought an application for stay of proceeding submitting that he had file a motion to appeal the earlier decision of the court which consolidated both Echocho and Makinde’s suit at the Court of Appeal.
He argued that he had exercised his constitutional right of appeal as provided for by Section 241 of the 1999 Constitution adding that such right deserves a protection by the court.
Uche further argued that he did not need to prove that the appeal will succeed adding that such application need to be granted in an interlocutory appeal if the final determination will consume such right of appeal and urged the court to grant the appeal.
Opposing the application, counsel to Echocho, Olanipekun argued that a notice of appeal cannot determine a stay of proceedings adding that the applicant is only asking the Court of Appeal to re consolidate.
While aligning himself with the submissions of Olanipekun, counsel to Makinde, Izinyon argued that no authority is binding on the other because the circumstance of each of the case is different from the other.
After listening to all the parties, the presiding judge, Justice Donatus Okorowo adjourned till March 28 for ruling. a
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