Okorocha: Court Proceeds On ‘Certificate Of Return’ Hearing

The certificate of return case filed by Gov. Rochas Okorocha of Imo was given another hearing today at the Federal High Court, Abuja, in spite of a petition by the third defendant, Sen. Osita Izunaso.

Izunaso, had petitioned the Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati, that he was not given fair hearing on the case.

The trial judge, Justice Okon Abang said the petition had been received by him, but that hearing in the matter would proceed accordingly since Izunaso had failed to serve the petition on other parties as required by law.

“The third defendant (Izunaso) wrote a petition to the chief judge of this court that this matter be reassigned to another judge that this court as presently constituted denied him fair hearing in this matter.

“He made reference to several decisions of this court and questioned those decisions.

“The law is settled that where a petition is written against the court or its judge in respect of a matter it is handling by a party in the case, it is the duty of the lawyer that wrote the petition to ensure that all parties in the suit are served with the petition.

“The proceedings of the court have been conducted in the open court and not in chamber and in line with the rules of court and the court records are duly kept and there is nothing to hide in the matter.

“The third defendant ought to have served his petition on all parties in the suit since all parties participated in the suit and are entitled to be heard before a decision is taken with respect to the petition

“It is immaterial that the petition was signed by the third defendant, it is my view that the petition was written by his lawyer who merely asked him to sign,” Abang said.

The judge held that the law was clear on that issue and that except otherwise provided, a lawyer shall not deliver to a judge a petition without delivering same to the opposing lawyers.