From Godwin Tsa, Abuja
The Supreme Court has vowed to deal with any staff found culpable in frustrating hearing of the pre-election appeal by former governorship aspirant of the Peoples Democratic Party (PDP) in the 2011 election in Enugu State, Dr. Alexander Obiechina against immediate past governor, Sullivan Chime.
The apex court issued the warning after it discovered what it described as “hanky panky” game by some staff in the registry to frustrate hearing of the appeal. Meanwhile, the apex court has already commence moves to restore the appeal which had earlier been struck out under controversial circumstances.
In this connection, it has fixed January 23, 2017 to hear the application filed by the appellant for the re-listing of the appeal for hearing.
Hearing of the application was stalled yesterday following the absence of the respondents in court.
When the matter came up for hearing yesterday, a mild drama played out as the registrar initially claimed that there was no proof of service on the respondents.
When the appeal was called yesterday, none of the respondents- the Independent National Electoral Commission (INEC) Peoples Democratic Party (PDP) and Sullivan Chime, listed as 1st, 2nd and 3rd respondents were present and not represented by counsel in court.
The registrar explained the absence of the respondents in court on the fact that there was no proof of service on them.
A claim counsel to the appellant, Chief Nnoruka Udechukwu (SAN) swiftly countered, insisting that all the respondents were duly served with hearing notices.
He tendered an affidavit of proof of service sworn to by the bailiff of the court.
The court thereafter, summoned the bailiff, Mr. Micheal Akan, who confirmed in open court that he indeed effected service on the respondents and filed an affidavit to that effect.
His words: “The matter was adjourned for today for hearing and hearing notice was issued by the Registrar on April 11, 2016. As a bailiff of this court, the hearing notice was directed to me for service.
“Service was effected by me on all the parties, including the respondents, it was endorsed by all the parties and I deposed to an affidavit of service on May 20, 2016. The affidavit of service was forwarded to the registry. That is the end of my assignment.”
At this stage, the presiding Justice of the panel, Justice Tanko Muhammad said the court will do everything to fish out the culprit.
After a thorough search from the case file, the court discovered that there was indeed a proof of service.