From Noah Ochen , Lokoja
A High court sitting in Lokoja on Wednesday fixed February 27th 2020, for judgement in the case between the former Deputy governor of Kogi state, Elder Simon Achuba and the state House of Assembly over his alleged wrongful impeachment.
High Court of Justice sitting in Lokoja , Kogi state has dismissed a motion seeking to join the Clark of the State House of Assembly, as interested party in the case brought before the court by Elder Simon Achuba’s, former Kogi State Deputy Governor.
It would be recalled that Elder Simeon Achuba filed a suit in the court following what he described as unlawful impeachment meted on him as the deputy governor of the state by the Kogi State House of Assembly.
He sought for the relief of the court to declare the impeachment as illegal and to be reinstated as the rightful Deputy Governor of the state.
Earlier in their submissions, Counsel to Elder Simon Achuba, J. S. Okutepa, SAN, in a 13 pages counter affidavit, submitted that the court should discountenance the application by the Clark, described it as a breach of court order 11, rule 2, subsection 4, and Section 115 subsection 4 of the evidence act.
The Counsel to Elder Achuba who referred to the Clark of the House as an interloper, described his application as a strategy to waste time and sabotage the effort of the claimant, urged the trial judge to dismiss the application.
Justice John Olorunfemi the trial judge while delivering ruling on the matter on Wednesday said the Clark has not shown sufficient proof in materials or what so ever to warrant his been joined in the matter.
Justice Olorunfemi described the attempt to join the Clark on the matter as a calculated attempt to serve as a clog in the wheel of progress in the early determination the matter, stressing that the motion can not stand in the matter.
The judge ruled that the issues between Elder Simon Achuba and the KSHA and the defendants joined in the matter can be effectively determined without necessarily joining the Clark.
He therefore dismissed the motion seeking to join the Clark of the State House of Assembly, as interested party in the case adding that the application lacks Merit and failed woefully in its entirety and fixed 27 Feb.2020 for judgement.
