A case of alleged forgery involving Governor Godwin Obaseki of Edo State has been suspended indefinitely by a federal high court in Abuja.
Naija News recalls that one Williams Edobor and the All Progressives Congress (APC) had dragged Obaseki to court for allegedly forging the first-degree certificate which he submitted to the Independent National Electoral Commission (INEC) to enable him to contest the election.
Obaseki through Ken Mozia, his counsel, had the last adjourned date urged the court to suspend the matter indefinitely, on the grounds that there is a pending application before the court of appeal.
In the appeal, the Edo State governor is challenging the refusal of of the Judge of the Federal High Court, Ahmed Mohammed, to expunge some paragraphs in APC reply to his affidavit.
He had also filed an application before the court appeal to stay proceedings of the trial court
But Akin Olujimi, APC counsel, urged the court to dismiss the motion on the grounds that it is a pre-election matter bound by time.
The senior counsel contended that the court has jurisdiction to proceed with the case as it has a life span of 180 days which would terminate on January 9, 2021.
Olujimi said the appeal is interlocutory in nature and cannot stop proceedings if the court.
Ruling on Tuesday, the judge said it would be inappropriate to proceed with the suit considering the application for a stay pending at the court of appeal.
“What would be the meaning of the trial court’s action? The answer is not far fetched and that is it does not care about whatever decision the appellate court would take in relations to whether it grants stay of further proceedings or not,” the judge held.
“If eventually, the appellate court in its wisdom decides to stay further proceedings in the lower court and by that time, proceedings have been concluded at the lower court, the order of stay made would have been rendered worthless.
“While this uncertainty lasts, it is better and appropriate to tarry a while to allow the appellate court to carry out its jurisdiction on whether or not it should grant stay of further proceedings
“This suit is hereby adjourned sine die to await the decision of the first defendant’s application for stay of further proceedings.”
source https://www.naijanews.com/2020/12/16/edo-obasekis-forgery-case-suspended-indefinitely/
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