Posted by Jonathan Awanyai, Asaba | 13 February 2019 | 1,332 times
The Federal High Court sitting in Warri, Delta State, presided over by Justice E. Nwite has ruled in favour of the preliminary objection filed by Hon. David Atie’s counsel, Barr. E. E. Aneke.
Aneke, counsel for David Atie, had argued that the case with suit No: FHC/WR/CS/2018 is defective, incompetent and not in accordance with Order 3 Rule 6 of the civil procedure rules of the High Court and urged the court to set same aside.
Aneke filed a preliminary objection on the grounds that the originating summon filed by the counsel to the plaintiff is incompetent as it is not in line with rules of court.
However, in his originating summons, the plaintiff, Wilson O Alatsha, had argued that the originating summons filed against the defendants/respondents namely INEC, APC and Mr. David Atie, who are the 1st, 2nd, and 3rd defendants, is valid and competent while the defendants’ counsel, Aneke, further argued that the three questions raised by the M. E. Micah, counsel to the plaintiff, are facts that need to be proved and not a written law to be interpreted and she urged the court to set aside the originating summon filed by the plaintiff on the October 4, 2018.
The counsel to the plaintiff filed a counter affidavit stating that the originating summon is asking the court to interpret the constitution of the All Progressives Congress (APC) and the electoral act having polled the highest votes at the Delta State House of Assembly Warri North constituency primary election.
The court held that the questions raised by the plaintiff are facts that need to be proved. Justice Nwite further held that he has the power to convert the originating summon to pleading and ordered that parties should file their pleadings. The case was adjourned to February 27 this year for hearing.
In a swift reaction, the APC House of Assembly candidate for Warri North constituency, David Atie, had urged supporters in Warri North Local Government Area to remain calm and be committed to the vision and benefits of quality representation awaiting them.
While expressing confidence in the judiciary to quash any attempt to deny the people of Warri North of their mandate, he advised aggrieved members within the party to join hands with the leadership of the party to ensure victory in the forthcoming elections.
“We thank our party faithful for their commitment. They should go about their campaigns with the aim of achieving victory in the 5/5 trajectory that we have set for ourselves from the President to the House of Assembly elections. We should also not allow internal wrangling within the party to deviate us from the vision of liberating Delta State from the misrule of the Peoples Democratic Party (PDP) in the last 20 years,” he counseled.
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