Monday, 29 August 2016


A Makurdi High Court presided over by Justice Elizabeth Kpojime today adjourned till Thursday, ruling on a preliminary motion filled by Counsel to the member representing Logo State Constituency, Barr. Innoncent Da’Agba, seeking to amend his originating summons, challenging the suspension of his client, Dr. Kester Kyenge.

The Benue State House of Assembly had a month ago slammed five months suspension on the Logo representative for alleged misconduct and misinforming the public with the view to bringing the Assembly to ridicule.

When the case came up for hearing (motion seeking leave of Court to amend his originating summons), Counsel to the suspended Assembly member, Barr. Da’Agba told the court that he was seeking to amend his originating summons to allow him append his signature on it and cited the case of YAKI Vs BAGUDU (2015), 18 NWLR (page 1491) to butress his point.

Mr. Da’Agba argued further that the issue relating to the none signing of his originating summons is a mere irregularity which can be amended through a motion to the Court.

However, the defendant Council, Barr. Fidelis Mnyim objected to the motion arguing that the none signing of the originating process by the Plaintiff/Applicant legal Council goes to the fons of et origo (the foundation) as the case can not be amended because it was incurrably defective.

Mr. Mnyim opined that the non signing of the originating summons has robbed the case of life and as such in law, it is considered dead on arrival and cannot be giving life through whatever means.

According to him the case of YAKI Vs BAGUDU as cited by the plaintiff counse is not applicable to the instant case as the said case only relates to the issue of fixing of stamp and seal, but not the one of non signing of the summons.

The defendant council cited plethora of Supreme Court cases where it was held that non signing of the originating summons process render the said process fundamentally defective and can not be cured by amendment and prayed te court to discontenance the motion.

Ruling, the presiding Judge, Justice Elizabeth Kpojime adjourned the case for ruling on the motion.

By Bem Abunde

No comments:

Post a comment