A Federal High Court in Port Harcourt, Rivers State, has rejected a petition by Martins Amaewhule seeking to reassign a suit no. FHC/PHC/269/2024, filed against him and 24 others for defecting from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). The court on Monday, presided over by Justice Steven Dalyop Pam, dismissed the petition, which was not served on the plaintiffs....Read The Full Story Here ▶
Amaewhule’s petition, addressed to the Chief Judge of the Federal High Court, sought to stop the hearing process and reassign the case to another court, claiming that the court had refused to allow other interested parties to join the suit.
However, the plaintiffs’ counsel, Reuben Wanogho, argued that the petition was an attempt to arrest the proceedings and urged the court to discountenance it.
He said: “I urge your Lordship to totally discountenance the petition as it is targeted to arrest the proceeding.
“If your Lordship bows to this letter, then you have allowed the litigants to determine pending applications before the court even before they are heard.
“It is not part of our jurisprudence that the determination of motions for the joinder will form the bases for the transfer of cases. The application is a slap to the temple of justice and all of us who are workers in that temple.”
The PDP’s National Legal Adviser, Adeyemi Ajibade (SAN), also described the petition as ill-intentioned and noted that there was no intention to shut out anyone from joining the suit.
However, Counsel for the 1st to 25th Defendants in the suit, Ferdinand Orbi (SAN), denied knowledge of the petition by his client, but prayed the court to adhere to the petition and stop further proceeding if the letter was addressed to the CJ of the court.
“I know nothing about the petition, even though it was written by the 15th defendant. Be that as it may, my lord, if the letter is addressed to your Lordship, then there may be grounds to consider the submissions.
“If it is not addressed to you, then you have no grounds to discountenance it. It will be wise to await the decision, of the Honourable Chief Judge, of the Federal High Court of whom the letter was addressed. We don’t know if the CJ will ask you to go on or stop the hearing.” Orbi said.
The presiding judge, Pam, observed that Amaewhule’s petition had not been served on the plaintiffs and that he had no motion or counter affidavit before the court.
He further ruled that the petition be discountenanced and adjourned the case until June 28 for the hearing of pending motions.
