Update From Dr.Shija Vs Fr. ALIA Court Case

Rev.Fr Hyacinth Alia

The continuation of the court case filled against the candidate of the All Progressive Congress, Rev.Fr Hyacinth Alia by some aggrieved members of the party today was heard at a Federal High Court Makurdi Division.

According to Akume Raphael, the court declined the request of Former Attorney General of the Federal and Minister of Justice and Former Governorship Aspirant on the platform of All Progressives Congress APC, Chief Michael Kaase Aondokaa SAN that Court should hear Professor Shija motion for extension of Time along with substantive suit.

When the case came up today, Michael Aondokaa SAN registered appearance for Prof Terhemba Shija and EC Ikonne among other lawyers then made application that since the case is a Pre-Election matter and time bound, the court should take the motion today and hear the substantive suit as well.

This application came under serious attack when demanded by the Judge from parties of their opinions. 

Burkaa SAN, counsel to APC and Sule SAN counsel to Fr. Alia both argued that whatever be the out come of the Said motion parties will have to adopt new approach as such it will not be possible for the substantive suit to be taken along with the motion.

Upon the failure of Chief Micheal Aondokaa application he then gave chance for Prof. Shija counsel EC Ikonne to conduct the proceedings for the motion.

EC Ikonne brought the highly contentious application for the extension of time for the plaintiff to file further affidavits and written address dated 19th filed on the 20th of October 2022. 

The plaintiff counsel in his submission said ordinarily parties should not be opposing the motion because it does not seek to bring in new issues but they are doing so because they want to waste time so that the matter Will expire.

Learned Silk to APC Mathew Burkaa SAN in his submission said the plantiff is bringing an application to amend his Originating summons file on the 10th of June 2022, 153 Days less than thirty days to the expiration of his Suit and is heaping blames of his failure on defendants, he put it to Prof Shija Counsel that " when has the defendant reply to the plantiff's originating summons sets the ground upon which the plaintiff will build his case? He said the plaintiff is supposed to build the four wall of his suit in his Originating summons and not on what the defendants brings.

Mathew Burkaa SAN said the plaintiff did not complain of insufficient notice to aspirant in his suit but upon the obvious failure of the plaintiff second suit which challenges the rerun they withdraw it and want to come by way of motion to bring the facts into the first case. He urged the court to dismiss the motion in it entirety.

Counsel to Rev Fr Hyacinth Iormem Alia Sule Audu SAN said the behavior of the plaintiff amount to an abuse of court process.

Sule SAN said what the plaintiff seek to bring into his case at the moment is hear say evidence and the law is against such. He ask the court to dismiss the motion with substantial cost against the plaintiff.

Justice Abdul Dogo sets 15th of November to deliver Ruling on the motion seeking the extension of time upon which Prof Shija will file further affidavits and written address.

More details to come...