Gadzama loses bid to stop Mahmoud’s swearing-in as NBA president
The court declined to hear the motion due to the fact that all necessary parties to the suit were not served the motion on notice, which seeks to stop the swearing in.
Counsel to the plaintiff, Chief Emeka Ngige (SAN), leading Chief Bolaji Ayorinde (SAN), Chief Pius Akubo (SAN), Sebastin Hon (SAN) and a host of other lawyers informed the court that all the respondents had been served with the processes including the motion on notice except the 13th respondent, which is Grace Infotech Nigeria limited, owners of LawPavilion.
According to Ngige, Grace Infotech locked its Abuja office and therefore made it impossible to be served with the originating processes.
Chief Paul Erokoro (SAN), leading S. I. Ameh (SAN) and many other lawyers, announced appearance for Mahmoud. He stated that his client just briefed him on telephone due to the fact that he (Mahmoud) was attending the Annual General Conference of the NBA in Port Harcourt.
Erokoro said: “ There is absolutely no way the motion can be heard because the 13th respondent (Grace Infotech) is fundamental to the motion.”After much arguments between parties, Ngige requested the court stood the matter down to allow counsels conclude on the process of filing an ex-parte motion for substituted service on the 13th respondent and allow counsel to harmonise their positions on how to continue with the matter.
At resumed sitting, counsel to the plaintiff moved the motion for substituted service on the 13th respondent. The motion was supported by 14 paragraph affidavit. The motion was granted and the matter adjourned to September 8 to assess the parties’ positions and go into the substance of the case.