IN what is looking like a game of wits, the Governor of Bayelsa State, Timipre Sylva might have thwarted attempts by the Peoples Democratic Party (PDP) to delay hearing of the suit, which he filed to stop the party from conducting the Bayelsa governorship election primary.Timipre also stalled bid of Henry Seriake Dickson to join the suit as an interested party.Yesterday in Abuja, when the matter came up, lawyers and close watchers of the case had expected a lengthy argument as the application for stay of further proceedings was to be taken. But Lateef Fagbemi (SAN), the counsel to Governor Sylva was expected to oppose the application filed by PDP seeking to stay further hearing on the grounds of its interlocutory appeal.But Fagbemi (SAN) stunned the PDP, other defendants and observers when he told the court he had no objection to the motion for stay filed by the PDP. He therefore urged the Judge, Gabriel Kolawole to grant it. By his action, Fagbemi successfully avoided a legal booby trap planted by the PDP, as an objection by him would not have been in the interest of his client.He said: 'Ten minutes before you sat, we were served with a number of processes by the 2nd defendant (PDP). My lord, the processes include, record of proceedings from this court, containing some processes in this case including a ruling they (PDP) said they are not aware of. They also filed in the Court of Appeal a stay of proceedings dated November 21, 2011 and a Notice of appeal dated the same day. The path of law and honour is that since this matter, having been entered at the Court of appeal and with the motion for stay pending, the battleground shifts to the court of appeal. So we pray your lordship to allow the matter move to your senior brothers. But let me note that it is interesting to note the speed at which the PDP got the Certified True Copy (CTC) of the proceedings and the speed with which the PDP went to the court of appeal. I hope they will use the same speed to pursue their appeal. It is the only path of honour, which we have taken and hope they will also take instead of denying service as they had done earlier.'In his response, the counsel for PDP who is also the party's national legal adviser, Chief Olusola Oke confirmed the information given by Fagbemi regarding its Notice of Appeal and motion for stay of proceedings.'We confirm the information given by learned senior counsel to the plaintiff, Fagbemi (SAN) and we have always appreciated his candour. Each time I appear in a matter with him there is always something new I learn and take away from him.'Tayo Oyetibo (SAN), another counsel to the PDP said: 'I confirm what Fagbemi said. And I want to commend the attitude of my learned brother (Fagbemi) that he has not wasted the time of the court. We will all move to the Court of Appeal.Counsel for Dickson, Joe Kyari-Gadzama also thanked Fagbemi for his noble practice.'What we witnessed from Fagbemi (SAN) is commendable. As soon as he came in, he assembled all of us and we discussed and he guided us on this proceedings. That is why we have moved this fast and that is the kind of noble leaders at the bar that we need. It is what we expect of senior advocates.'The Judge, pleased with Fagbemi's candour and pragmatism said, 'you took the matter by the jugular,' and commending him for his nobility, said it gave him hope that the legal practice can return to its best.According to the Judge, 'we have young lawyers, law students and some secondary students who say they want to be lawyers and therefore came here on excursion to see how the court proceedings are done. I am happy that they have seen some of the finest ethics of the profession in display today. I thank all counsel especially Fagbemi for his candour and noble practice.'Consequently, he adjourned the matter sine die (indefinitely) to enable the Court of Appeal consider PDP's appeal.
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