The trial judge, Justice Okon Abang refused the applications brought by Ozumba Chibuonyem and Ekwutosilam Theophilus by their counsel on the grounds that the application was not yet before the court while the other had yet to be served on all parties.
The judge held that the counsel filed the applications just to delay the matter which had already been fixed for substantive hearing. The court had also earlier struck out an application filed by Mr Orji Nwafor- Orizu, counsel to the third defendant, Mr Osita Izunaso asking for a stay of proceedings pending the determination of an appeal.
Nwafor-Orizu had informed the court that he had filed an appeal against the ruling of the court of May 8 where the court took steps in the matter without first hearing the issue of jurisdiction that was raised.
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