Jime Vs Ortom | Fed High Court Fixes March 6 To Rule On Whether Suit BeMoved To Appeal Court Or Supreme Court.
Counsel representing Professor Steven Torkumah Ugbah and three others who are challenging the APC gubernatorial primaries in the state, Chief Sunday Ameh, SAN, yesterday told the court that he had conceded to the arguments of Chief Sebastine Hon, SAN counsel for the 1st to 3rd defendants as regards his motion for discontinuance with the 1st and second defendants.
Chief Hon in his arguments opposed the concession, saying he had not moved the counter-motion of dis-continuance in court; he would only do that when his motion for referral is determined. Hon told the court that until a ruling is delivered on his referral motion pending before Appeal Court, the Federal High Court would not have a jurisdiction to comment on the two motions before it. At the resumed hearing yesterday, Justice Evoh Chukwu consolidated all the motions before the court.
The consolidated motions in question are; Motion of Discontinuance, Counter-Motion of Discontinuance and Motion of Referral. First to move a motion was Chief Hon, SAN who moved his motion of referral. He told the court that, since the Appeal Court has a “conflicting” position on the issues before Justice Chukwu, he would want Chukwu to allow the Appeal Court or even the Supreme Court take a decision; not Federal Court.
That such will help even future generations. Chief Ameh, SAN, argued that he believed the Federal Court had jurisdiction to determine the issue, and that filing a Motion of Discontinuance and Motion of Referral was a breach of court procedure. -
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