By Our Correspondent
Things are far from being well for the embattled House of Representatives Member for Ado Okpokwu Ogbadibo Federal Constituency, Mr. Francis Ottah who took out an Originating Summons against the winner of the May 23rd, 2022 party primaries of the People’s Democratic Party (PDP), Barr. Aida Nath Ogwuche.
Aida had polled a whopping 71 votes to defeat Ottah who scored 35 votes. Ottah not particularly dissatisfied with the primaries filed an Originating Summons calling for the disqualification of Barr. Aida from contesting in the general elections on the grounds that she did not resign her appointment and civil service job before contesting the said elections.
However, upon being served with the originating summons, Aida’s lawyers contended, albeit succinctly with substantial evidence that, she resigned her political appointment in February, 2022, long before the primaries of May 23rd. On the contention that she was yet to resign from the civil service, Aida’s lawyers contested that the provisions of Section 66(1)(f) of the constitution provided for resignation 30 days before the general elections and not the party primaries as erroneously canvassed by Ottah’s lawyers.
Aida’s lawyers had, by a Notice of Preliminary Objection challenged the competency of Ottah’s suit on the major ground that the suit is statute barred having been filed outside the statutory period of 14 days allowed for pre-election matters. Arguing further, they said Ottah wrote letters to the PDP (Exhibit Francis 11) complaining about Aida’s non resignation 2 months ago, indicating when he became aware of his cause but waited to file his suit 2 months after. They prayed the court to decline jurisdiction to hear and determine the said suit.
On sighting the preliminary objection filed for Aida, Ottah’s lawyers have hurriedly expunged the said Exhibit Francis 11 that established when he became aware of his cause and are seeking an amendment to which Aida’s lawyers have objected that, Ottah is trying to overreach their client, moreso that, prayers were not particularly sought to amend the affidavits and written addresses which they have expunged pages from.
When the matter came up yesterday, Ottah’s desire to have his application for amendment of originating summons heard was challenged by Counsel to Aida, but the court in it’s wisdom, noting that obliging the objection to even hear Ottah’s application will end the fate of his suit went ahead to hear same and has fixed 28th July, 2022 to rule on the said application for amendment.
Experts in election jurisprudence are of the view that the antics of the plaintiff are an attempt to postpone the doomsday of dismissal of his frivolous suit, hence the act of expunging evidence already placed before the court and already in custody of Aida’s lawyers amounts to self infliction of legal injury.