APC VS APC - COURT STRIKES OUT BABA HASSAN’S PRELIMINARY OBJECTION, ORDERS PARTIES TO INVITE ORAL EVIDENCE

By Nnabugwu Chizoba

Justice Musa Kuray of the Federal High Court, sitting in Jos, the Plateau State Capital, has Friday, 6^th July, 2016 ordered parties involved in the suit, No. FHC/J/CS/20/2015 to call oral evidence to prove their case.

Ruling on the Preliminary Objection filed by Baba Hassan, through his Council, Solomon Umoh, SAN, the court struck out the Objection for being premature, as it ventured into the facts of the case.

Hon. Justice Kuray, held that the matter, an Originating summon has become contentious and conflicting, with a lot of documents, affidavits, further better affidavit and Newspaper publications. On the strength of this, therefore, he ruled that the “Parties in the matter are to call oral evidence to prove their case”.

The matter, earlier fixed for 6^th July, 2016 for ruling by the court, could however not hold because the court did not sit due to the public Holiday declared by the Federal government of Nigeria, to mark the Salah festival.  Following this ruling, the court adjourned the matter to 11^th October, 2016, for hearing.

In his reaction to the ruling, during interaction with the media within the court premises, Council to Hon. Saleh (the Plaintiff), Barr. David C. Ibeawuchi said: 

“I am Barr. David Ibeawauchi, Council to the plaintiff”. 

“You know we argued severally, that when a matter becomes contentious; where there is oath against oath; affidavit after affidavit; where they’re countering material facts, averment and everything, the court usually order the parties to call oral evidence to come and resolve those issues, but the council on the other side, the learned Senior Advocate, was asking the court to dismiss the matter in its entirety”. 

“So we’re happy that the judge has applied the law in the appropriate manner. He delivered a very sound ruling”. 

“In this matter when oral evidence is called, the whole issue will be resolved. We believe that the justice of this case will be met by calling oral evidence and that is the ruling of the court”.

We had in the past brought you a report on this platform that Hon. Saleh is challenging the qualification of Hon. Hassan to contest the Plateau State House of Assembly election, into the Jos North-North, in the 2015 general election, contending that he (Hon. Hassan), presented a fake certificate to the Independent National Electoral Commission (INEC).

Other parties in the suit are the All Progressive Congress (APC) and the Independent National Electoral Commission (INEC), of Nigeria.