Suit Seeking To Disqualify Tonye Cole Adjourned Till Oct 312 min read
The Federal High Court, Port Harcourt has adjourned till October 31 in a suit filed by the Peoples Democratic Party (PDP) against the All Progressives Congress (APC) and its governorship candidate, Tonye Cole and Independent National Electoral Commission (INEC).
At the resumption of hearing, the court will continue with adoption of written address by counsel to the APC in Rivers state, Tuduru Edeh SAN.
In the suit before the court, the PDP is asking INEC to disqualify Cole on the grounds that the delegates that voted at the primary election that brought in the candidate were not democratically elected.
When the matter resumed on Wednesday, counsel to APC, Edeh, in the argument and adoption of his motion, raised a preliminary objection on the jurisdiction of the court to hear the suit.
Counsel to the PDP, Emmanuel Ukala SAN in his submission, raised what the court described as “unreported case” which needed a response from the defendants.
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Edeh thereafter asked the court for a date to enable him reply to the “unreported case” by the plaintiff which was granted by the presiding judge, Justice E. A Obile.
Justice Obile thereafter adjourned till 31st of October, 2022 for continuation of adoption of a written address by the defense counsel.
The judge also adjourned till 25th of October, 2022 for adoption of addresses in two separate suits filed by the APC against the PDP’s governorship candidate, Siminalaye Fubara and all the state and National Assembly candidates.
The judge gave the adjustment after counsel to INEC, Ledum Mitee moved a motion for extension time to file and serve memorandum of appearance, counter affidavit and written addresses to the plaintiff which was not objected to by counsels to the plaintiff and second defendant.