Imo Govt disagrees with Okorocha over bid to amend suit against probe panel

Imo Govt disagrees with Okorocha over bid to amend suit against probe panel

Tuesday, August 18, 2020 9:22 pm


Okorocha, who currently represents Imo West Senatorial District, had, through his lawyer, Oba Maduabuchi, SAN, sought the court relief to correct the mistakes committed by his secretary while typing the document filed in court.
“It was my secretary that made the mistake while typing. It will be unjust to punish the plaintiff for my mistake which I own up to publicly.
“The objector has not even filed its defence. So, any amendment we make, they will have the opportunity of responding to it,” the lawyer said.
But the Imo Government, through its Attorney-General and Commissioner of Justice, Cyprian Akaolisa, opposed the application.
Akaolisa argued that by virtue of judicial authorities, since he had filed a notice of objection against the suit, the plaintiff was not permitted to amend the suit.
He added that the plaintiff failed to point out the aspects of the suit sought to be amended.
“I concede that amendments are allowed by the rules of the court. But once the jurisdiction of the court has been challenged, those amendments should not be allowed.
“The amendments should not be allowed to confer jurisdiction on the court.
“The preliminary objection was filed to challenge the jurisdiction of the court.
“The court will not take any step in the matter until the issue of jurisdiction is resolved,” Akaolisa replied. 
Responding, Maduabuchi said the mere fact that there was a preliminary objection did not preclude the plaintiff from applying to amend the processes objected to.
EFCC’s lawyer, Ekele Iheanacho, did not oppose the application for amendment.
Justice Mohammed, after listening to parties, adjourned the matter until Sept. 10 for ruling.
The News Agency of Nigeria (NAN) reports that Justice Mohammed had previously refused to grant Okorocha’s request for an interim order to stop the ongoing probes by the state government’s panels.
He filed the case, seeking an order stopping the 48 respondents in the suit to stop probing his “purported financial infractions” said to have been committed during his tenure as governor between May 2011 and May 2019, on May 18.

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