By Philip Mbakuuv Ankyhquwa
A Makurdi High Court presided over by Justice Elizabeth Kpojime today rejected a motion by the suspended member of the Benue State House of Assembly for Logo Constituency, Dr. Kester Kyenge to allow for the abridgement of time in the suit challenging his five months suspension.
By this ruling, the Counsel to the Benue State House of Assembly, Barr. Fidelis Mnyim has up to twenty one days within which to file his defence to the amendment granted the legal team of the suspended lawmaker last week.
The legal team of Dr. Kyenge was last Monday, granted the right to amend the originating summons against the Assembly through a motion, and went further to ask the Court via another motion to abridge the time frame within which the legal team of the Assembly will file it’s defence.
Barr. Innoncent Da’agba had argued that since the matter was time bound, sticking to the mandatory twenty one days will have a negative effect on his client, adding that the Court has the discretion to abridge the time.
On his part, Counsel to the Defendants, Barr. Fidelis Mnyim opposed the motion on grounds that Section 36 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended guarantees him twenty one days within which to file his defence and asked the Court to reject the motion.
When the Court reconvened for ruling today, Justice Elizabeth Kpojime rejected the motion implying that the legal team of the Assembly will have twenty one days from the date the motion for amendment was granted to file his defence.
By this ruling, the quest for the suspended lawmaker to reverse his suspension anytime soon has again been pushed forward as the case has been adjourned to 27th of this month for continuation.
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