A Makurdi High Court, on Monday, heard a motion filed by Counsel to the All Progressives Congress, APC, Matthew Burkaa, who appeared with Dangana and other Lawyers.
Recall that the court had on the 28th of August 2024, extended the lifespan of the interim order by seven days.
When the case came up on Monday, Counsel for APC, Burkaa SAN filed and served many processes on M.T. Alyebo Esq who appeared with E.E. Igbighogho for Agada and other Applicants.
Despite the service of further affidavit on MT Alyebo in Court, he agreed to take the Motion for setting aside the restraining order.
The main ground of the motion is that the originating motion was not signed and that the interim injunction cannot stand on an unsigned originating motion.
M.T. Alyebo who appeared for the Benue APC chairman, Agada, told the Court that the originating motion was properly signed by S.O.S.Napoleon Esq.
He referred the Court to its copy of the originating motion submitting that it is the Judge’s copy of the motion that will determine whether the process was signed or not adding that once that copy is signed, all other copies remaining unsigned cannot change the situation.
Alyebo submitted that assuming without conceding that the copy of the process exhibited by the SAN was not signed, the case is valid, drawing the court’s attention to the fact that even on that copy brought by the SAN, there is a mark made against the name of S.O.S. Napoleon and that suffices.
He cited the authority of GTB v. INNOSON Nig Ltd where the Supreme Court described the valid signing of a legal process as “a signature or mark against the name of the lawyer or over and above the name of a lawyer ” submitting that the process was validly signed.
Justice Theresa Igoche, after listening to the Counsels adjourned the matter to 10th September, 2024 for ruling.
