By: Valentine Adese (JP),
The Ruling of the Plateau State High Court not to have started hearing the Suit challenging the powers of the Plateau State Independent Electoral Commission (PLASIEC) filed by the Plateau State chapter of the Peoples Democratic Party (PDP) during the on-going Court vacation has been hailed by all parties.
Delivering the Court’s Ruling this morning, the Presiding Judge, Hon. Justice I. Kunda, said all the proceedings on 27th July and the Application moved on that day were in violation of Order 49 rules 4d and 5 of the Rules of Court.
He said the case was assigned to him by the Chief Judge (CJ) of the State and the CJ never indicated any urgency nor was the suit classified as a “Pre-election matter”.
Adding that, “for the matter to have been heard during the vacation, one of the party or both would have made a formal request through a Motion Exparte according to the rules and whatever the Court decides will stand.
He explained that, the rules of Court from his mind, is not in conflict with the provisions of Section 285 of the 1999 Constitution of the Federal Republic of Nigeria (As amended).
Hon. Justice Kunda, has adjourned the hearing of the suit to the 13th day of September, 2021.
Reacting on the Ruling, Edward Pwajok (SAN), Counsel for the PDP said, no harm has been done as the Originating Summons the PDP filed is very much alive.
He commended the Judge for the ruling and the short adjournment.
Pwajok (SAN), while speaking to journalist at the Court premises explained that, “the Claimants should not be worried, as the Local Government elections’ date is still reasonably far and that hearing of the Originating Summons would take only one day and thereafter, judgment”.
On his part, Pascal Mammot (Esq), Counsel to the Defendant/Applicant (PLASIEC) also hailed the ruling, but added that, “that was what we had stated to the Court”.
The lead Counsel of PLASIEC, G. S Pwul (SAN) was absent in Court for health reason, the Court was told.
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