A Federal High Court in Abuja yesterday fixed March 28 for its ruling on the application by the Kogi State Governor Idris Wada seeking to stay proceedings in a consolidated suit brought against him by the winner of the January 2011 Peoples Democratic Party PDP governorship primary election, Mr. Jibrin Isah (aka Echoch) and another governorship aspirant on the platform of the party, Mr. Oyebode Makinde.
Echocho and Makinde had through their lawyers,Chief Wole Olanipekun (SAN) and Alex Izinyon (SAN) filed a suit, seeking to stop Wada from parading himself as the governor of Kogi State on the grounds that the election that brought him into office was null and void.
But Wada’s lawyer, Chief Chris Uche (SAN) brought an application for stay of proceeding arguing that he had filed a motion to appeal the earlier decision of the court which consolidated both Echocho and Makinde’s suit at the Court of Appeal.
But Olanipekun had opposed the application on the grounds that a notice of appeal could not determine a stay of proceedings, adding that the applicant is only asking the Court of Appeal to consolidate.
He further submitted that it was not a substantial point of law that would warrant a stay of proceeding stating that if an appeal for stay of proceedings succeed,it did not terminate the proceedings at the lower court.
Olanipekun added that the applicant had not put sufficient material before the court to warrant granting of the application.