Court hears Sylva’s joinder application today
From GODWIN TSA, Abuja
Friday January 27, 2012
The legal tussle over the governorship candidate of the Peoples Democratic Party (PDP) for Bayelsa State resumes today before a Federal High Court, Abuja Division, where Justice Gladys Olotu will hear the application filed by Governor Timipre Sylva seeking to be joined in the suit filed by the beneficiary of the controversial governorship primary, Seriake Dickson.
In the said suit, Dickson wants the court to declare him the lawful candidate of the PDP for the forthcoming Bayelsa State governorship poll.
The court had only last week granted an exparte order compelling the Independent National Electoral Commission (INEC) to put Dickson’s name on the list of governorship candidate for Bayelsa State on the platform of PDP, an order Sylva described as “immoral, ungodly and pathetic”, saying it was “obtained by fraud in the dead of the night.”
When the case came up yesterday, counsel to Dickson, Joe -Kyari Gadzama (SAN) applied that the matter be adjourned on ground that he had just been briefed and therefore needed time to study the file to represent the interest of his client “properly and professionally.”
Gadzama insisted that under the rules of court he was entitled to seven clear days within which to respond to Sylva’s joinder application, submitting that his time was still running.
But responding, counsel to Sylva, Prince Lateef Fagbemi (SAN) argued that the application for adjournment was deliberately submitted to delay hearing of his application because they had already gained an advantage by “the extraordinary order of mandamus issued by the court.”
Fagbemi said he was convinced that if all the facts of the subject matter had been brought before Justice Olotu, including the pendency of the subject matter at the Supreme Court, she would not have made the order. “It is clear that the use to which the plaintiff sought to put this order was far beyond your contemplation when you granted it,” he submitted.