The Federal High Court sitting in Abuja has adjourned hearing of the application filed by the counsel to Olusegun Abraham till 28th September 2018 or 16th October 2018 as the case may be.
Counsel to Abraham, Professor J.O. Amupitan, SAN, had earlier withdrawn his notice to produce filed on 11th June 2018 to pave way for hearing of his motion for discovery filed on the 21st June 2018.
The Judge, while adjourning the suit, noted that with Abraham’s counsel still fishing for document sustain his case, is appears that the plaintiff is not prepared for hearing of the substantive suit.
Meanwhile, counsel to the 1st and 3rd defendants, Prince Lateef Fagbemi, SAN, and Chief Akin Olujimi, SAN, representing the 2nd defendant, Oluwarotimi Akeredolu, SAN, Governor of Ondo State, prayed the court to hear and determine their applications challenging the jurisdiction of the Court considering the fundamental nature.
The Court, presided over by Justice Dimgba, after listening to the argument of the counsels of the parties, said that the determination of the pending applications became imperative in view of the special nature of the applications.
The defendants are praying the court to dismiss the suit limine on the grounds of its wrong commencement together with its non –justifiability among others.
Prince Lateef Fagbemi specifically prayed the court to hear the application dated 25th May, 2018 because of its jurisdictional nature, contending that the application is not in the nature of applications to be taken together with substantive suit.
In his argument, Chief Olujimi urged the court to hear the preliminary objection of the 2nd defendant challenging the competency of the suit whilst relying on the case of Garuba vs Omokhodion which emphasized the need of jurisdiction to be determined preliminarily so as not to render the pro seeing of the court a nullity no matter how well conducted if the court lacks jurisdiction.