APGA: Delta APC, Bent On Perverting Justice –Group

By Daniel Dafe

A group, Coalition for Good Governance has said that “the leadership of the All Progressives Congress (APC), Delta State Chapter, is desperate to see that justice is perverted in the case between the All Progressives Grand Alliance (APGA) & 3 Ors and the Independent National Electoral Commission (INEC) & APC, in Suit No.: FHC/ASB/CS/147/2022, holden at the Federal High Court, Asaba,” adding that “APC has filed a 47 page Notice of Preliminary Objection and a 35 page Counter Affidavits in opposition to the Originating Summons filed by APGA.”

Publicity Secretary of the group, Chief Edward Ogborikoko, said this in a statement on Wednesday.

The statement continued: “It will interest you to know that the aforementioned Suit which was first heard on Wednesday, July 20, 2022 and was adjourned to Wednesday, September 14, 2022 for further/proper hearing of all Parties involved, the first Respondent, Independent National Electoral Commission (INEC) neither filed a response nor appeared in the Court proceedings, whereas, the 2ND Respondent, All Progressives Congress (APC) filed its responses and appeared in Court. Through its lead Counsel, Mr. Rotimi Oguneso (SAN) made his arguments and adopted his written address; the same with the Plaintiffs’ Counsel. Thereafter, the Court adjourned to Friday, October 7, 2022 for judgment.

“Failure on its (All Progressives Congress, Delta State Chapter) part to transfer the case, shockingly, Chief Adeniyi Akintola (SAN) on Friday, September 16, 2022, filed a purported 47 page Notice of Preliminary Objection and a 35 page Counter Affidavits in opposition to the Originating Summons filed by the All Progressives Grand Alliance (APGA).”

The group added that “the Counsel representing the All Progressives Congress (APC) in the aforementioned Suit is Mr. Rotimi Oguneso (SAN),” saying that “he on behalf of the Party prepared and filed all processes in the Court.”

“The aforesaid Mr. Rotimi Oguneso (SAN) adopted the brief and addressed the Court. Chief Adeniyi Akintola (SAN) wrote and signed the purported letter of transfer of the case from Delta to Abuja without the consent of Mr. Rotimi Oguneso (SAN).

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“He (Akintola) filed the Notice of Preliminary Objection and the Counter Affidavits without the consent of Mr. Rotimi Oguneso (SAN), in the name of APC, after the case has been heard and judgment reserved for October 7, 2022.

“Chief Adeniyi Akintola (SAN) is not ONE of the Counsels who represented the All Progressives Congress (APC) in the case before the Federal High Court, Asaba,” the group said.

According to the statement, “the act of Chief Adeniyi Akintola (SAN) is not only an abuse of court process and contempt of court, but also an attack on public reputation of Mr. Rotimi Oguneso (SAN), which undermined the rules of professional conduct of legal practitioners.”

Continuing, the group said that “the Court processes – the Plaintiffs responses were not served on neither Akintola nor his office,” just as it said that “the responses of the 2nd Respondent (APC) to the Plaintiffs were carried out and filed through the office of Rotimi Oguneso (SAN).”

“From the foregoing, the All Progressives Congress (APC), Delta State Chapter through its invisible Counsel (Akintola) to the aforementioned Suit is calling on the Court to step down its proposed judgment fixed on October 7, 2022 and to hear its frivolous Preliminary Objection and Counter Affidavits filed outside time against the Practice Direction.

“To this end, Chief Adeniyi Akintola (SAN) is working for the self-interest and ACCLAIMED Delta leadership. He is a busybody in the Suit having failed in his coup to transfer the case from Delta to Abuja, filed process that is an abuse of Court processes, as such, should be sanctioned by the Nigerian Bar Association (NBA) as well as the National Judicial Council (NJC),” the statement added.