Non-Service of Court Papers to INEC Stalls Suit Seeking Sylva’s Disqualification

The inability of a plaintiff’s counsel, Prof. Abiodun Amuda-Kannike, SAN, to serve the Independent National Electoral Commission (INEC) with processes stalled hearing in a suit seeking disqualification of Timipre Sylva of the APC from contesting in the Nov. 11 Bayelsa governorship poll.

The matter, which was scheduled for hearing, could not proceed after lawyer to the APC, Denis Otiotio, called the attention of Justice Donatus Okorowo of a Federal High Court, Abuja, to the absence of INEC’s counsel in court.

When the matter was called, Amuda-Kannike, who appeared for the plaintiff, Chief Demesuoyefa Kolomo, told the court that the matter was for hearing and that he was ready to proceed.

But Otiotio told the court that INEC was not represented in court, even in the last adjourned date.

Although Sylva was represented in court by Babayemi Olaniyan, the APC lawyer argued that it was important INEC was served with every application filed in court.

Justice Okorowo then asked Amuda-Kannike if INEC had been served and if there was any proof of service in the court record.

The senior lawyer admitted that the electoral umpire had not been served with fresh processes though efforts were made to do so.

The judge then asked if he was ready to take the risk to continue with the proceeding without INEC’s representation or sought an adjournment.

“We are ready to take the risk to go on my lord because the Supreme Court says INEC should be an unbiased umpire in matters like this,” he responded.

But Otiotio insisted that the commission should be served first, even if it would not be represented for the sake of fair hearing.

He added that all the processes in the matter had not been served on INEC except the originating summons.

The judge consequently adjourned the matter until July 10 for hearing.