 |
The federal high court sitting in Abeokuta rendered useless and consequently dismissed an appeal by Buruji Kashamu to stay on proceeding on the matter between Hon. Sikirulahi Ogundele and other and Independent electoral commission (INEC) on the ground that he was not party to the matter and as such cannot exercise the right to file an appeal
The Judge of the High Court, Justice Abubakar had on Wednesday 30th January 2019, ordered that the motion for joinder in the matter proposed by Kashamu's counsel as intervener between the original appelant and defendant will be heard today, Tuesday 5th February, 2019
Based on this order and with the motive of stalling the hearing of the substantive matter, the counsel to Kashamu rushed to the appeal court in Ibadan
After series of arguments, the Judge made it clear to Oluyede that he was yet to be a party in the matter he is appealing and under the law he is not allowed
Oluyede after realizing that he had jumped an over zealous in executing his prayer bid thereafter admitted that his appeal has no ground and will be withdrawn
To procceed on hearing of the joinder motion, the court discovered that the counter affidavit filed by the lead counsel to the appellant, Afolabi Fashanu, SAN, are properly served on Kashamu's counsel as seen in the court bailiff records was claimed not to have been received by Barrister R.A Oluyede, SAN.
Barrister Fashanu immediately served the affidavit on Kashamus counsel on the spot in court and the court adjourned till Thursday 7th February 2019 for proper hearing of the matter
0 comments:
Post a Comment