Ita Enang vs Akan Udofia: Attempts to strike out case fail

...as Enang's Legal team dismisses bid with strong legal authorities


At the Federal High Court of Nigeria, Uyo, Akwa Ibom State, on Friday, efforts by Mr Akanimo Udofia to have the matter struck out suffered setback as Counsel to Senator Ita Enang, Mba Ukweni SAN opposed the plea by referencing several legal authorities.

Godwin Obla SAN, Counsel to Akanimo Udofia (1st Defendant) and J. Y. Musa SAN, Counsel to the All Progressives Congress (APC) (2nd Defendant) had filed objections pleading the judge to strike out the case because the court lacks the jurisdiction to sit on the matter since Akan Udofia was served in Abuja, not Akwa Ibom State where the court is domiciled.

The duo also opposed the plaintiff's application to amend the processes by bringing in additional documents, saying the original case is defective and cannot be granted by Law.

Reacting to the objections and praying the court to grant the amendment and reject the preliminary issues raised by the defendants, Ukweni SAN picked loopholes in their counter affidavits, and cited several points of law.
He argued that the Federal High Court has jurisdiction throughout the federation.

Section 9 of the Federal High Court Act and Order 6 Rule 31 of the Sheriffs and Civil Process Act grant the Federal High Court jurisdiction to sit on any case irrespective of the state where the defendant was served.
He insisted that the Law states that out of jurisdiction means outside the Federal Republic of Nigeria, not outside the state where case is filed.

He highlighted Boko vs Nungwa 2019 culled from Nigeria Weekly Law Report, 
Diem vs SDP 2019 culled from Nigeria Weekly Law Report 2019, Izeze vs INEC 2019 and Aoondoka vs Obot 2022, all support his position on the matter.

He prayed the court to overrule the objections sought by the defendants, adding that the defendants' legal team demands are unknown to Law.

The judge, Justice A. A. Okeke adjourned the matter and announced that a date for ruling on the application shall be communicated.

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