MISREPRESENTING THE COURT IS TICKET TO JAIL
By Uche Okonkwo-Okom
Please permit me to look at what transpired yesterday, March 03,2022 in the Court of Appeal, Awka on APC matter from a lawyer’s perspective.
Basil Ejidike group wanting to frustrate and delay the hearing of the matter at the High Court level raised all manner of objections including the claim that they were not properly served with the Originating Process.
The state high court heard arguments from both sides on whether the originating process ie, the summons was properly served and held in its ruling that the Defendants that’s Ejidike group were duly served.
Instead of facing the real issue in the suit on it’s merit, they proceeded to the Court of Appeal on interlocutory appeal just on whether they were properly served.
Reasons for this are two:
- They don’t have answers to the issues raised in the suit so
- They resorted to delay tactics by filing appeal on every pronouncement of the court.
So while their frivolous interlocutory appeal was pending at Court of Appeal, the State High Court gave its final judgment on the substantive case nullifying the purported Congresses and restored the tenure of Anambra APC Ward Chairmen, LG Chairmen and State Executive including Ejidike (Deputy Chairman).
I learnt they have filed a notice of Appeal against this final judgment of the State High Court but it’s not ripe for hearing yet.
Meanwhile the interlocutory appeal they filed earlier on the court’s ruling that they were not properly served came up on Thursday (March 03,2022).
The court of appeal was surprised that they were still talking about service or no service when they should be pursuing their appeal against the final judgment nullifying their illegal congresses.
The learned justices of the Appeal Court, after tongue- lashing them struck out the interlocutory appeal and advised them to face their main appeal against the judgment of the lower court on merit.
The appellate court further offered them a hint that said, if they still feel strongly about service, they should make service one of their grounds of the substantive appeal and not coming to waste the Appeal Court’s time on such frivolity.
The matter was then struck out.
No motion for Stay of Execution was neither filed, argued nor granted. Of course, if they want stay, the law requires them to start with the trial court that gave the original judgment before approaching the appellate court.
Those who misrepresent court proceedings for political reason may not have seen how easily such misdemeanor land people in jail.
They will not stop committing contempt ex facie curie until they land themselves in trouble.
As for their intended appeal, let me ask, _nwa mbu ejeghi ije, nke abuo o ga-agba oso?
_Hon. Okonkwo-Okom, a lawyer and former Chief Whip of Anambray State House of Assembly is a member of Anambra APC State Executive Committee (SEC)
