Court Punishes Abiola Over Late Document Submission
Kola Abiola, the presidential candidate of the People’s Redemption Party, has been fined N20,000 by a Federal High Court in Abuja for failing to file his court documents on time.
In a judgement, Justice Fadima Aminu punished the PRP for the delay in filing its counter-affidavit in response to the aggrieved presidential aspirant’s amended originating summons.
According to the News Agency of Nigeria, Justice Aminu set November 25 for a definite hearing in a claim filed by Madam Patience Ndidi Key, a female presidential aspirant in the party’s June 5 primary poll.
The judge, who approved Madam Key’s application to amend her originating summons on Nov. 18, ordered all parties to file their proceedings by the next adjourned date and scheduled a definite hearing for Friday.
According to NAN, the plaintiff, Key, sued the PRP, the Independent National Electoral Commission, and Mr Latifu Abiola as the first, second, and third defendants on June 28.
In a prior summons marked FHC/ABJ/CS/1001/2022, Key had disputed Mr Abiola’s election as the party’s presidential candidate.
She had asked the court to overturn the election that had produced Abiola as the PRP’s presidential candidate.
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She also asked for an order to overturn the proclamation of Abiola as the victor of the primaries held across the country.
Kola is the son of the late MKO Abiola, the acknowledged winner of the presidential election on June 12, 1993.
The plaintiff’s counsel, Magnus Ihejirika, notified the court that the case had been adjourned for a definite hearing.
Ihejirika stated that the defence lawyers had yet to serve him with their counter-affidavits, which would allow him to respond correctly.
Regina Audu, the first defendant’s (PRP) lawyer, explained that there was a network problem at the FHC filing office on Thursday when she attempted to file her application.
According to her, there was no network to produce a remittal for us to pay the filing fee for our counter affidavit yesterday (Thursday).
The lawyer, who stated that she could only do so on Friday, requested an adjournment from the court.
Ijeoma Madu, who represented Mr Abiola, also talked in the same vein.
Ihejirlrika, on the other hand, called the defence counsel’s actions “a premeditated attempt to stall proceedings in the dispute.”
According to the lawyer, the complaint was filed on June 28 and “time is of the importance in its determination.”
He claimed that under the constitution, the court had just 180 days to decide the case, but that in practise, the court now has less than a month to do so.
He contended that the defendants were just using a delay tactic to prevent the claim from being heard and decided.
Ihejirika, who stated that he came to court from Kebbi, stated that if the judge is inclined to allow the defence application, a cost should be levied.
He requested N200,000 as payment.
The defence attorney, who disagreed with him, requested that the request be denied by the court.
In her decision, Justice Aminu stated that a cost award should be considered compensation rather than punishment.
As a result, the judge ordered the PRP (1st defendant) and Abiola (3rd defendant) to pay N20,000 each to the plaintiff’s attorney.
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NAN
