You cannot get back door judgement, Frank Okon told

The Senior Special Assistant on Legal Matters/Documentation to the Governor of Akwa Ibom State, Barrister Aniefiok Dennis over the weekend told Frank Okon that he cannot get judgement through the back door as the case filed by Okon Challenging the legitimacy of Akpabio as the PDP candidate during the last 2011 polls is grossly incompetent.

 Dennis was reacting to insinuations that Frank Okon has written to the Supreme Court for judgment date. In dismissing the said letter as an effort in futility, he confirmed that he is aware of the Motion on Notice dated 7th April, 2014 with a Supporting Affidavit praying for an order allowing the Appellant’s (Frank Okon’s) Appeal to be heard on the Brief of Argument filed by the Applicant.

He explained that, the Appellant’s Brief of Argument was indeed filed on 30th January, 2014 and served on the Governor on 3rd February, 2014.

Dennis said, the Appellant also filed alongside his Brief of Argument, a Motion on Notice dated 30th January, 2014 seeking for the followings orders:

“i. Leave of this Honourable Court permitting the Appellant to appeal on grounds of mixed law and facts against the judgment of the Court of Appeal, delivered at Abuja on the 21st day of November, 2013, in Appeal No. CA/A/554/2012.

ii. Leave to amend GROUND FOUR in the Notice of Appeal by the addition of the words underlined in the said ground in the Proposed Amended Notice and Grounds of Appeal marked Exhibit A in the Affidavit in Support of this Motion.

iii.     Leave to amend the Notice and Grounds of Appeal by the addition of two Grounds of Appeal, both of which are of mixed law and facts, namely GROUND SEVEN and GROUND EIGHT as shown in the Proposed Amended Notice and Grounds of Appeal marked Exhibit A as aforesaid.
iv.  An order deeming the Amended Notice and Grounds of Appeal already filed and served as having been properly filed and served.

v.  Leave to argue the additional grounds of appeal in the Appellant’s Brief of Argument.
vi. An order deeming the Appellant’s Brief of Argument already filed and served, which incorporates issues derived from the additional grounds of appeal, as having been properly filed and served.

vii.    An order abridging the time for the Respondents to file their respective Briefs of Argument”.
Speaking further, Dennis added that the said Motion on Notice dated 30th January, 2014 and which, the Governor’s legal team have opposed by filing a Counter Affidavit dated the 12th day of February, 2014 is very much alive and still pending, time can only start to run upon the determination of the Appellant’s Motion of 30th January, 2014.

In his position Dennis said, “The pertinent question here is, “has the Motion on Notice of 30th January, 2014 seeking for the amendment of Appellant’s Brief of Argument been taken, was same granted, have they carried out their numerous amendment?”, the answer clearly is no.  

As we speak, Paul Usoro SAN has filed a Counter to the said Motion and same cannot see the light of day, their Motion dated 30th January, 2014 has not been withdrawn, they should finish with this Motion before rushing to get judgment they know can never be in their favour. I shall refrain from commenting on the main suit knowing that, that will tantamount to subjudice.  Playing to the gallery or misleading the people of Akwa Ibom State with false write-ups and letters will not help anyone.

To my mind, the motion of 7th April, 2014 is grossly incompetent and if not withdrawn, same shall be struck out by the Court. This case shall be heard on merit and there is no way judgment can be gotten through the back door”. Aniefiok Dennis posited