Court penalizes presidential candidate, Kola Abiola, for late filing of documents

 A Federal High Court (FHC), Abuja has awarded fine against Mr Kola Abiola, the presidential candidate, People's Redemption Party (PRP), over failure to file his court documents within time.

Justice Fadima Aminu, in a ruling, also fined the PRP for its delay in filing its counter-affidavit in opposition to the aggrieved presidential aspirant's amended originating summons.

Supreme reports that Justice Aminu has fixed Nov. 25 for a definite hearing in a suit filed by Madam 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 Madam Key to amend her originating summons on Nov. 18, ordered all parties to file their processes before the next adjourned date and adjourned to Friday for a definite hearing.

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

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

She had prayed to the court to nullify the poll 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 late MKO Abiola, the acclaimed winner of the June 12, 1993, presidential election.

Upon resumed hearing in the matter, plaintiff 's counsel, Magnus Ihejirika, informed that the matter was adjourned for definite hearing.

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

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

According to her, there was no network to generate remittal for us to pay the filing fee yesterday (Thursday) for our counter affidabit.

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

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

But Ihejirlrika described the defense counsel's act as "a deliberate attempt to stall proceedings in the suit."

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

He said by provision of the constitution, the court had only 180 days to dispose of the matter, saying practically now, 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 the 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 defense application, a cost should be imposed.

He asked for a cost of N200, 000.

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

In her ruling, Justice Aminu said an award of damages 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 adjourned the matter until Dec. 2 for a definite hearing.