By Our Judicial Correspondent
…AS JUDGE QUERIES DEFENDANTS’ COUNSEL
–FIXES 4 DECEMBER 2019 FOR PRELIMINARY OBJECTION RULING AND HEARING
“DO YOU AGREE ON THE
FIRST SCHOOL OF THOUGHT THAT WHEN A MATTER IS PENDING IN COURT EXCEPT COURT
ORDER IS ISSUED OR SECOND SCHOOL OF THOUGHT THAT SAYS PARTIES ARE NOT SUPPOSED
TO TAKE FURTHER ACTION THAT WILL UNDERMINE THE OUTCOME?”- “YES, MY LORD I
ACCEPT THE LATTER OPTION” defendants’ Counsel.
The sitting Justice S.C Ogboanya and Deputy Presiding Judge of National Industrial Court of Nigeria-NICN Port Harcourt Judicial Division on Wednesday 16th of October, 2019 relayed what he has been known to do while as a Lecturer at Nigerian Law School Bwari Abuja as he turned the Court Room 2 of Port Harcourt Judicial Division in Lecturing the defendants’ Counsel to the case Suit no. NICN/PH/04/2018 involving Akpekwu Christopher Imbufe of The Politico Magazine Abuja and Others against Ernest Chinwo of ThisDay Newspaper, National President Nigerian Union of Journalists-NUJ, National Secretary NUJ Abuja Alhaji Liman Shuiabu and others, Miss Uche Agbam of Rivers State Television, Mr. Anayo Onukwugha Leadership Newspapers Abuja and others.
The matter
is a pre-election matter which the Claimants Akpekwu Christopher Imbufe and
others brought before the National Industrial Court of Nigeria –NICN Port
Harcourt Judicial Division for the determination of whether their
disqualification to participate in the 2018 Rivers state Correspondents’ Chapel
of Nigerian Union of Journalists Election in which they were earlier cleared as
candidates is legally or not. The matter has lasted for about 21 months since
24th, January 2018 with two Judges having views over it intermittently. On the
last sitting on 16th, October 2019 the Judge S.C Ogboanya was not happy to
entertain further delay in the case when the counsel representing the
defendants Ernest Chinwo and others could not respond intelligently to the
queries being put across to her by the judge Justice S.C Ogboanya.
The defendants’ Counsel had in her presentation on Preliminary Objection-P.O on 24th June, 2019 said that the Claimants did not exhaust internal mechanisms before approaching the court which led to their Suspension from the Nigerian Union of Journalists-NUJ. And she was given next adjoined date of 16th, October, 2019 to show from Constitution of Nigerian Union of Journalists where the Rules of Alternative Dispute resolutions mechanisms are stated for aggrieved members. But she was quick to resort to converting the room for a Library search copiously with the aid of Ernest Chinwo her client without success.
READ ALSO: Contempt Of Court: That Correspondents’ Chapel Rivers NUJ Public Lecture As Ernest Chinwo Defies Court Process Again
Similarly,
the same thing repeated itself when on 16th of October, 2019 the Defendants
Counsel again converted the Court room for research on the question the Judge
put across to her to show in the Constitution of the Union where Pre-Election
Disputes should be settled internally and she could not do that while she
invited her client Ernest Chinwo to help her out and show her the article
relating to that. When the Judge realized that what was going on he said “ I
shall charge you for converting the Court room as your library and that my Rule
so that next time you appear before me you should be prepared. “ Since you
cannot get that a pre-election matter, I give parties 4th of December, 2019 for
ruling on Preliminary Objection and hearing.
Before that
the melo-drama that cropped up was when the Defendants’ counsel was queried by
the Judge Counsels should advice their clients on matters pending in court.
“Defense Counsel there are two schools of thoughts here “do you agree on the
first school of thought that when a matter is pending in court except court
order is issued or second school of thought that says parties are not supposed
to take further action that will undermine the outcome?”- “yes, my lord I
accept the latter option” defendants’ Counsel responded.
