By Ambasador Akume Raphael .

The All progressives Congress, APC has asked the state high court Makurdi presided over by Honorable Justice T.A Kume to treat non-compliance by Austine Agada seriously as doing otherwise will be infringing on their rights to fair hearing.

This was the submission of the Learned Silk of the All progressives Congress APC Ibrahim Maggaji SAN when the Case came up today for hearing.

“My Lord, treating the non-compliance committed by the Plaintiff in his suit as mere irregularity will infringe on the APC’s right to fair hearing because APC will no longer have the opportunity to respond” Maggaji added.

This was after the judge had declined the application made by Learned Silk for APC and Honorable Benjamin Omale for stay of proceedings pending the determination or out come of the appeal entered against the ruling of the court on the 23rd of October 2024 declining to order for inquiry into sudden appearance of Counsel’s signature on the Originating process in the suit.

Responding, Fatogun SAN argued that the order of accelerated hearing made by the Court on 23rd of October 2024 was still in force and that there cannot be stay of proceedings in a Fundamental Rights Enforcement Proceedings.

The Court in its ruling held that the appeal filed by APC against it ruling had no bearing on the proceedings before the Court and could not be a ground to stop the proceedings.

Magaji SAN then moved three applications, and added that while Agada did not file any process in opposition to the Motion for referral, the Counter Affidavits purportedly filed in opposition to the Motion for setting aside interim order and the Preliminary Objection, were incompetent, having been filed out of time.

On the main suit, Magaji adopted his processes and Submitted that the purported further affidavit filed by Agada was incompetent, having been filed out of time and counsel to Benjamin Omale Alkali Esq adopted his process and followed the same line of argument canvassed by Learned Silk to APC.

Responding, Fatogun SAN admitted that the Counter Affidavits filed by Agada in respect to the applications of the APC and the further affidavit in support of the main suit were all filed out of time. He however pleaded with the Court to treat the non-compliance as mere irregularities.

After hearing the arguments of Counsel, Justice T.A Kume adjourned the matter to the 28th day of November 2024 for judgment.