(PHOTO: Chief Moses Taiga, Left; Chief Joe Omene, Middle and Late Mukoro Mowoe, Right)
By John Oghojafor
The suit filed by Chief Joe Omene and others challenging the constitutionality of the Congress and election of executive held by Chief Barr. Victor Otomiewo and Chief Moses Taiga as executive of the Urhobo Progress Union on January 2, 2017 came up for hearing Thursday at the Federal High Court, sitting in Warri, Delta State.
At the resumption of court sitting on Thursday, the counsel representing the first Defendant, Barr. Stanley Udi drew the court attention to a motion he moved for an extension of time to fully respond to the plaintiffs’ originating summons. While not objecting to the motion for extension, the counsel for the plaintiffs, Barr. M.A. Mukoro raised some issues concerning the motion for extension of time forwarded to plaintiffs, adding that it was erroneously signed by the defendant’s counsel as ‘solicitor to the claimant’. It was also observed that the motion for extension of time was filed at the court without paying the statutory fees for filing the process.
In his ruling, the Judge adjourned the case to June 27, to enable Counsel to the first and second defendants regularize the motion for extension of time and include the payment of the necessary fees for filing the process.
Meanwhile, the counsel representing the plaintiffs, Barr. M.A. Mukoro applied for the withdrawal of the names of twelve defendants who were parties to the suit in representative capacities. According to Mukoro, the plaintiff took the decision since appearances have been entered for some of the defendants.
While fielding questions from The New Diplomat shortly after the sitting, Barr. Mukoro said: “Since February, 2017 when we filed this matter, the defendants have been delaying. However, happily today, the first defendant brought a motion for extension of time and as a result, it has been adjourned to June 27, 2017 to be attended to.
“In addition to that, the plaintiffs withdrew against some of the defendants, about twelve of them, leaving only those who have appeared to challenge the suit. We could do this because all the defendants were sued in representative capacity and so we don’t actually need a crowd.
Also speaking with The New Diplomat, Counsel to Chief Barr. Victor Otomiewo (the first defendant) Barr. Stanley Udi, said that the defendant has filed some processes for application to respond to the plaintiffs’ originating summons, adding that the plaintiff counsel raised an issue with the defendants’ motion for extension of time. He stated that the defendant was going to use the period of the adjournment to regularize the motion for extension.
“Today’s proceeding went on well as normal. We filed an application to bring our processes in action to the plaintiffs’ originating summons, though the plaintiffs’ counsel raised some issues about our motion for extension of time.
“We have informed court we are going to regularize by making the appropriate payment to the court. As soon as we do that, at the next adjourned date the motion for extension of time will be taken and we look forward to see that we dispose this matter in the interest of the overall Urhobo nation. We believe that the plaintiffs have no reason to come to court and the matter will be decided in our favour.” Barr. Udi said.
