Court adjourns Sylva's petition indefinitely

Hearing in the petition brought by Bayelsa State Governor, Chief Timipre Sylva, against his disqualification from the governorship primaries of the Peoples Democratic Party in Bayelsa State, was on Tuesday adjourned indefinitely by an Abuja Federal High Court, pending the determination of an appeal by the party challenging the suit at the Court of Appeal.The presiding judge, Justice Gabriel Kolawole, adjourned proceedings in the petition shortly after the commencement of hearing.This happened after Sylvas counsel, Prince Lateef Fagbemi, SAN, drew the courts notice to the appeal against the suit.Moving for adjournment, Kolawole stated that once an appeal had been entered against a suit, the higher court had the power to hear the interlocutory appeal as if it was the court of first instance.He said, "In view of the information supplied by Fagbemi, the court cannot go on into the merit of the order it made where the defendants were directed to show cause why the order should not be granted."Once an appeal has been entered, the higher court has the power to hear the interlocutory appeal as it if it was the court of first instance."I have decided to adjourn sine die and I know the court will do justice to the matter."None of the counsel in the matter - Fagbemi for Sylva, and Chief Olusola Oke for the PDP, objected to the indefinite adjournment.A motion for joinder in the suit, brought by the winner of the controversial November 19 governorship primaries, Mr. Seriake Dickson, could not be heard.The Court of Appeal has yet to set a date to hear the appeal.The PDP had on Monday, November 21, 2011, gone to the Court of Appeal, Abuja Division to challenge the suit brought by Sylva against his disqualification from the partys governorship primary election in Bayelsa State, which was held on Saturday, November 19, 2011.The party asked the appellate court for an order staying further proceedings in the suit brought by Sylva, pending the hearing and determination of its appeal against the decision of the Federal High Court in the said suit delivered on Wednesday, November 16, 2011.The PDP told the appellate court that it made the application on the grounds that it had appealed against the decision of the Federal High Court delivered on November 16, 2011.
Click here to read full news..