TRACKING______Court of Appeal sitting in the Owerri Judicial Division, Imo State has adjourned to May 5, 2020, for hearing on the appeal brought before it by Chief Ndutimi Alaibe, a governorship aspirant of the People’s Democratic Party, PDP, challenging the verdict of the High Court in Bayelsa State which dismissed his suit against the nomination of Governor Duoye Diri as the candidate of the PDP in the last governorship election held in the state.
Chief Alaibe had approached the High Court in Yenegoa, capital of Bayelsa State to challenge the outcome of the PDP governorship primary election held on 3rd September, 2019 which produced Governor Diri as the candidate and winner of the gubernatorial election held in the state.
Presiding Judge, Justice R. C. Agbo leading other two justices: Hon. Justice A.O. Lakulo-Sodipe and I. A. Andenyangtso addressing the parties yesterday adjourned the case after addressing learned counsels to the parties on their various motions and cross-appeals filed in response to the Notice of Appeal filed by counsels to the appellant, Timi Alaibe.
Justice Agbo who remarked that the court had very limited time to dispose of the matter advised the lawyers to shun any act that may delay the processes.
He granted the motion by counsel to the appellant, Ayodeji Adedipe Esq requesting for service of briefs and responses on the respondents by electronic mail, email, in view of the difficulty in traveling from place to place under the current lockdown occasioned by the deadly Corona virus pandemic.
The judge further granted the motion for amendment of notice of appeal filed by Mr Chuks Uguru, counsel for the for the 4th respondent/cross-appellant as well as the request for all parties to file all relevant papers within seven (7)4 days and fixed hearing on May 5.
The legal team representing the 5th respondent/cross-appellant, led by J.C. Uwandu Esq, contended for proper service by the appellant saying they were served illegible photocopies of the notice of appeal as well as motions on Monday afternoon and requested for seven days instead of five to respond.
The judge granted his request and clean copies of the notice of appeal and motions were served him immediately as directed by the court.
Earlier, Justice Agbo had informed the court that he got Information from Abuja that three appeals relating to the case pending before him were taken at Abuja Court of Appeal the previous day warning that his court would not entertain an appeal already determined by court of corresponding jurisdiction.
Responding, counsel for Chief Timi Alaibe, Mr Adedipe denied knowledge of any such development insisting that, “this is an independent appeal that has nothing to do with any other appeal elsewhere and I was not part of of the said appeal.”
Speaking to our correspondent after, the Imo State PDP Legal Adviser, Gerry Egemba Esq, who stood as counsel to the 1st respondent/cross-appellant, the PDP, explained that Governor Douye Diri won his case at the trial court and would repeat the feat in the appeal.
The counsel who stood in for the National Legal Adviser of PDP, Chief Emmanuel Enor Idem disclosed that Timi Alaibe’s case centred on grounds that the three-man delegates and council chairmen were not valid delegates was neither here nor there as, the power to determine who is authentic delegate for the party governorship primaries rests with the PDP authorities not an aspirant
