The case filed at the Federal High Court, in Ado-Ekiti, by the Sen. Biodun Olujimi’s group against the Match 7, 2020, Ward Congress of the People’s Democratic Party (PDP), in Ekiti State, suffered setback, on Wednesday, as the court struck out the Plaintiff’s motion to amend the originating summons dated May 19, 2020 and filed on May 20, 2020.
The motion was struck out for being incompetent and an abuse of court.
Olujimi, had through one Oladimeji Samson Olalekan had sued the PDP, Independent National Electoral Commission, Inspector General of Police and others, seeking nullification of the March 7, 2020 Ward Congress, which was won by loyalists of former Governor Ayodele Fayose.
At previous proceedings, the Plaintiff had unsuccessfully failed to move the Court to grant interlocutory injunction, restraining the elected Ward Executive Committees from assuming office. The Ward Exco in 14, out of the 16 Local Governments in the State have since assumed office upon properly and validly sworn in on April 30, 2020.
At the proceeding today, it was contended by Olalekan Ojo (SAN), counsel to the 1st, 4th and 5th Defendants that the motion to amend the plaintiff’s originating summons was incompetent on the ground that the parties in the application was not before the court as the parties in the motion to amend was not the same as the parties in the Plaintiff’s Originating Summons.
Justice Uche N. Agomoh ruled that the motion to amend the originating summons was incompetent on the grounds that “nothing can be changed in a pending suit without the leave of Court and that issues had being joined, hence it is belated for Plaintiff’s Counsel to seek for oral amendment and it is bestowed on the Court to take a decision on the issued raised suo moto.”
The case stands adjourned to 30th June 30, 2020 and July 3, 2020 for hearing of all pending applications.