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Court To Rule On Duke's Joinder Application January 14
FROM EMMANUEL ONWUBIKO, ABUJA
THROUG his team of lawyers led by the immediate-past national president of the Nigerian Bar Association (NBA) Chief Wole Olanipekun (SAN), the Cross River State Governor, Donald Duke yesterday applied to the Federal High Court to be joined in a suit instituted by Ojoi Ojoi, a politician from the state who was in court for an order of mandamus to compel the Inspector General of Police, Mr. Tafa Balogun to investigate alleged certificate forgeries involving Governor Duke.
However, the application was opposed by the plaintiffs through their lawyers led by Chief Amobi Nzelu. The trial judge, Justice Steve Jonah Ada has however fixed January 14 for ruling.
Specifically, the plaintiff had obtained the leave of the court to apply for the issuance of the order of mandamus to force the nation's police chief to probe the criminal allegations of multiple certificate scam by Governor Duke.
The plaintiff did not join the Governor as a party.
The Governor, through his lawyers, then told the court that it was necessary to join him as a party in the matter would because of the "weighty subject matter." Besides, the outcome of the proceedings wold affect him adversely.
Olanipekun also reminded the court that section 36(I) of the 1999 Constitution provides that all citizens and even foreigners ought to be given fair hearing in any matter that affects them in any law court.
"My lord, we are praying you to join our client because the plaintiff has come to court with the sole purpose of dragging him down in the eye of the public with a wild allegation that he forged his certificates.
"The plaintiffs want to crucify our client in the media and paint him as a person that did not legitimately obtain the academic credentials he now has. Our application has come under order 12 rule 5(I). My client will be affected by the outcome of this proceedings and the rules under which we have made this application gives the judge the discretion and duty to join parties that are necessary who were not cited as original parties in the substantive suit."
Olanipekun cited several authorities to buttress his case, including "Green and Green, 1987, 3 Nigerian weekly law report, part 60, page 480; Mobil Oil Plc Vs Beer LTD, 2004, 1 Nigerian Weekly law report, part 853, page 157-158; Attorney General of the Federation versus Attorney General of Abia State, 2001, 11NWLR , part 725 and page 689."
Olanipekun also faulted the counter affidavit by the plaintiffs opposing the application for joinder and prayed the court to join Duke.
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