Justice Ahmed Mohammed of the Federal High Court Abuja yesterday
declined to halt proceedings in the alleged certificate forgery
suit against Edo State Governor, Mr. Godwin Obaseki
![image](/2020/12/lawbreedad.jpg")
![image](/2020/12/Law-Pavilion-PRIME1.png")
The All Progressives Congress (APC) and one of its chieftains,
Mr. Williams Edobor, in a court action are alleging that Obaseki
forged certificate with which he used in securing his candidacy for
September governorship election, hence should be disqualified.
![image](/2020/10/NWLRland.jpg")
But Obaseki for the second time is asking the court to adjourn
hearing in the suit indefinitely pending the determination of an
appeal he filed at the Supreme Court against the ruling of the
Abuja Division of the Court of Appeal.
Obaseki had in November asked Justice Mohammed to expunge some
paragraphs of the plaintiffs in their response to his reply to the
suit.
But the judge in his ruling on December 15, declined and ordered
parties to call in their witnesses in commencement of hearing.
The refusal prompted Obaseki to approach the appellate court to
set aside the ruling of Mohammed and consequently expunge the said
controversial paragraphs.
In their ruling, a three-man panel of the appellate court
presided by Stephen Adah on December 16, dismissed Obaseki’s
appeal, ordered a return of the case to Justice Mohammed, adding
that hearing of the matter shall be on a daily basis.
Still not satisfied, Obaseki again moved up to the Supreme Court
to challenge the ruling of the Court of Appeal, Abuja.
He informed the court that Notice of Appeal have been duly
served on the parties in this case. “Record of Appeal has been duly
transmitted from Court of Appeal to Supreme Court on Appeal Number
SC /cu/ 989/2020 between Godwin Obaseki and APC and four
others.
“We have also file an application praying the court for a stay
of proceedings in this court and praying also for stay in the
ruling of the court of appeal deliver on December 16. We pray for a
restraining order to stop the Court from commencing enforcement of
the Court of Appeal order”, Obaseki’s lead counsel, Ken Mozia, SAN
said.
He, therefore, urged the court to stay proceedings and await the
decision of the apex court in respect of Obaseki’s appeal.
Responding, plaintiffs lawyer, Chief Akin Olujimi, SAN, urged
the court not to disregard the ruling of the Court of Appeal which
held that stay of proceedings should not be granted in time bound
matters such as the one before the court
“The court was emphatic that in view of the provision of the
Fourth Alteration, the lower court and Court of Appeal have no
jurisdiction to stay proceedings in a pre-election matter were time
is utmost essence. The court therefore directed that trial court
should continue with the proceedings,” Olujimi said.
In a short ruling, Justice Mohammed declined to stay proceedings
and in line with the ruling of the Court of Appeal, adjourned
hearing in the matter till the next day being Wednesday.
Justice Ahmed Mohammed of the Federal High Court Abuja yesterday
declined to halt proceedings in the alleged certificate forgery
suit against Edo State Governor, Mr. Godwin Obaseki
The All Progressives Congress (APC) and one of its chieftains,
Mr. Williams Edobor, in a court action are alleging that Obaseki
forged certificate with which he used in securing his candidacy for
September governorship election, hence should be disqualified.
But Obaseki for the second time is asking the court to adjourn
hearing in the suit indefinitely pending the determination of an
appeal he filed at the Supreme Court against the ruling of the
Abuja Division of the Court of Appeal.
Obaseki had in November asked Justice Mohammed to expunge some
paragraphs of the plaintiffs in their response to his reply to the
suit.
But the judge in his ruling on December 15, declined and ordered
parties to call in their witnesses in commencement of hearing.
The refusal prompted Obaseki to approach the appellate court to
set aside the ruling of Mohammed and consequently expunge the said
controversial paragraphs.
In their ruling, a three-man panel of the appellate court
presided by Stephen Adah on December 16, dismissed Obaseki’s
appeal, ordered a return of the case to Justice Mohammed, adding
that hearing of the matter shall be on a daily basis.
Still not satisfied, Obaseki again moved up to the Supreme Court
to challenge the ruling of the Court of Appeal, Abuja.
He informed the court that Notice of Appeal have been duly
served on the parties in this case. “Record of Appeal has been duly
transmitted from Court of Appeal to Supreme Court on Appeal Number
SC /cu/ 989/2020 between Godwin Obaseki and APC and four
others.
“We have also file an application praying the court for a stay
of proceedings in this court and praying also for stay in the
ruling of the court of appeal deliver on December 16. We pray for a
restraining order to stop the Court from commencing enforcement of
the Court of Appeal order”, Obaseki’s lead counsel, Ken Mozia, SAN
said.
He, therefore, urged the court to stay proceedings and await the
decision of the apex court in respect of Obaseki’s appeal.
Responding, plaintiffs lawyer, Chief Akin Olujimi, SAN, urged
the court not to disregard the ruling of the Court of Appeal which
held that stay of proceedings should not be granted in time bound
matters such as the one before the court
“The court was emphatic that in view of the provision of the
Fourth Alteration, the lower court and Court of Appeal have no
jurisdiction to stay proceedings in a pre-election matter were time
is utmost essence. The court therefore directed that trial court
should continue with the proceedings,” Olujimi said.
In a short ruling, Justice Mohammed declined to stay proceedings
and in line with the ruling of the Court of Appeal, adjourned
hearing in the matter till the next day being Wednesday.