A federal high court in Abuja has issued an order suspending
proceedings indefinitely in a case of alleged forgery involving Godwin Obaseki,
governor of Edo state.
The All Progressives Congress (APC) and one Williams Edobor
a chieftain of the party, had filed a suit against Obaseki, accusing him of
forging the first degree certificate which he submitted to the Independent
National Electoral Commission (INEC) to enable him contest the election.
At the last adjourned date, Obaseki through Ken Mozia, his
counsel, had urged the court to adjourn the matter indefinitely, on the grounds
that there is a pending application before the court of appeal.
In the appeal with suit number CA/ABJ/CV/1072/2020, filed
before the appeal court in Abuja, Obaseki challenged the refusal of Ahmed
Mohammed, judge of the federal high court, to expunge some paragraphs in APC
reply to his affidavit.
The governor had also filed an application before the court appeal to stay proceedings of the trial court
But Akin Olujimi, APC counsel, urged the court to dismiss
the motion on the grounds that it is a pre-election matter bound by time.
The senior counsel contended that the court has jurisdiction
to proceed with the case as it has a life span of 180 days which would
terminate on January 9, 2021.
“This court is bound to continue with the hearing since the
suit is sui generis (its unique). Nothing shall be done to clog the smooth
wheel of proceedings in a suit of this nature especially in line with fourth
Alteration Act,” he said.
Olujimi said the appeal is interlocutory in nature and
cannot stop proceedings if the court.
Delivering ruling on Tuesday, the judge said it would be
inappropriate to proceed with the suit considering the application for stay
pending at the court of appeal.
“What would be the meaning of the trial court’s action? The
answer is not far fetched and that is it does not care about whatever decision
the appellate court would take in relations to whether it grants stay of
further proceedings or not,” the judge held.
“If eventually, the appellate court in its wisdom decides to
stay further proceedings in the lower court and by that time, proceedings have
been concluded at the lower court, the order of stay made would have been
rendered worthless.
“While this uncertainty lasts, it is better and appropriate
to tarry a while to allow the appellate court to carry out its jurisdiction on
whether or not it should grant stay of further proceedings
“Furthermore, it is the law as established by both the court
of appeal and the supreme court that where a lower court is aware of an
application for stay of either execution or proceedings, it would be wrong to
ignore such application and proceed to hear the suit.
“This court is not prepared to be on collision course with
the court of appeal as far as this case or any case for that matter. This court
is ready to abide by whatever directive the court of appeal would make or give
this court including the order to conclude hearing this matter.
“This suit is hereby adjourned sine die to await the
decision of the first defendant’s application for stay of further proceedings.”
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