An Owerri High Court has refused to vacate the order restraining the Chief Judge, Paschal Nnadi, from swearing in the Deputy Governor-designate, Callistus Ekenze.
The Attorney-General and Commissioner for Justice, Militus Nlemadim, at the resumed hearing yesterday, notified the court that he filed necessary processes to enable the court hear his application for vacation of the exparte order stopping Ekenze’s swearing in.
He argued that the order, which was issued in July, would have been vacated because “it was not a perpetual order”.
But lawyer to the impeached deputy governor, Ken Njemanze (SAN), accused Nlemadim of playing pranks with the court.
According to him, Nlemadim only served him with processes of his application for vacating the order on Friday afternoon, knowing he could not reply the application ahead of yesterday’s sitting.
Njemanze, therefore, urged the court to take notice of how Nlemadim is frustrating the hearing.
He told the court the four respondents, who were yet to be served on the last adjourned date, had been served through substituted means as ordered by the court.
But Nlemadim objected, saying the respondents were not served on time.
Nlemadim said according to the law, the respondents ought to have been served at least seven days to the sitting.
He said Njemanze served the respondents on August 16, which was not up to seven days, as required by law.
Justice Benjamin Iheaka urged parties to serve one another before the next adjourned date.
He ruled that the court could not entertain the originating summons or motion for the vacation of the order stopping the swearing in when all parties had not been served.
Justice Iheaka adjourned till September 3 for further hearing.
