2023 Presidency: Court fines Kola Abiola for late filing of documents

A Federal High Court sitting in Abuja has awarded a fine against the presidential candidate of the Peoples Redemption Party (PRP), Kola Abiola, over failure to file his court documents within time.

The presiding judge, Justice Fadima Aminu, in a ruling, also fined the PRP over its delay in filing its counter affidavit in opposition to the aggrieved presidential aspirant’s amended originating summons.

Justice Aminu had fixed November 25 for definite hearing in a suit filed by Patience Ndidi Key, a female presidential aspirant in the June 5 primary election conducted by the party.

The judge, who granted the application filed by Key to amend her originating summons on November 18, ordered all parties to file their processes before the next adjourned date and adjourned to Friday for definite hearing.

The plaintiff, Key, on June 28, sued PRP, the Independent National Electoral Commission (INEC), and Abiola as 1st, 2nd, and 3rd defendants, respectively.

Key, in her earlier originating summons marked FHC/ABJ/CS/1001/2022, challenged the emergence of Abiola as the party’s presidential candidate.

She had prayed the court to nullify the election that produced Abiola as the PRP’s presidential candidate.

She also prayed for an order setting aside the declaration of Abiola as the winner of the primaries conducted across the country.

Kola is the son of the acclaimed winner of the June 12, 1993, presidential election, late MKO Abiola.

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Upon resuming hearing in the matter, the plaintiff‘s counsel, Magnus Ihejirika, told the court that the matter was adjourned for definite hearing.

Ihejirika, however, said the defence lawyers were yet to serve on him their counter-affidavits to enable him respond appropriately.

Lawyer to the 1st defendant (PRP), Regina Audu, stated that there was network failure on Thursday at the FHC filing office when she tried to file her application.

“There was no network to generate remittal for us to pay the filing fee yesterday (Thursday) for our counter affidavit,” she said.

The lawyer, who said she could only do that on Friday, prayed the court for an adjournment.

Ijeoma Madu, who appeared for Abiola, also spoke in the same vein.

Ihejirlrika, however, described the defence counsel’s act as “a deliberate attempt to stall proceedings in the suit”.

The lawyer, who said the case was filed on June 28, stated that “time is of essence in its determination”.

He said by provision of the constitution, the court has only 180 days to dispose of the matter, saying the court has less than a month to have the case determined

He argued that the defendants were only employing a delay tactic to stall hearing and determination of the suit.

Ihejirika, who told the court that he comes to the court from Kebbi, said if the court would be inclined to grant the defence application, a cost should be imposed.

He asked for a cost of N200,000.

The defence counsel, who disagreed with him, prayed the court to dismiss the request.

In her ruling, Justice Aminu said an award of cost should not be a punishment but a compensation.

The judge, consequently, ordered the PRP (1st defendant) and Abiola (3rd defendant) to pay the sum of N20,000 each to the plaintiff’s counsel.

She, therefore, adjourned the matter until December 2 for definite hearing.

The Star