Sep 21st 2013, 23:00, by online@ngrguardiannews.com (From Lawrence Njoku, Enugu)
A FORMER Military Governor of Imo State, Commodore Anthony Oguguo (rtd) has asked for an order of court stopping the Chief Justice of Nigeria (CJN) from investing the Attorney General of Enugu State, Anthony Ani, with the rank of Senior Advocate of Nigeria (SAN).
Ani will be formerly conferred tomorrow in Abuja with the title, having been listed in July as a candidate by the Legal Practitioners Privileges Committee.
Joined in the suit no: FHC/EN/CS/151/2013 is the Chief Justice of Nigeria and Legal Practitioners Privileges Committee.
But a drama of a sort occurred at the Federal High Court, Enugu on Friday when the matter came up for hearing, as Presiding Judge Justice Dorathy Agishi announced that she could not find the copy of the originating summons from the file.
Oguguo told the court that he filed the originating summons on September 11 and served an advanced copy on the defendants. He added that the motion on notice dated September 17 was also served on the defendants on the same day.
This prompted Justice Agishi to stand the matter down temporarily and asked her Clerk to search for the documents. The lady Clerk had left the courtroom and returned about 20 minutes later without the original copy of the originating summons.
Oguguo had released a copy from his file to the court in protest saying, "somebody is working to ensure that justice is not done in the matter. Otherwise, how come there is a file, a motion on notice but without the original copy of the originating summons".
Notwithstanding the extra copy provided to the court, Justice Agishi had declined to give the order on the ground that the rules of the court must be followed, adding that it was the prerogative of the court to "grant leave for service outside jurisdiction", which must also be done by a court bail who shall obtain proof of service.
She adjourned till October 2 for hearing on the motion.
However, the original copy of the originating summons resurfaced at the registry after the Judge had adjourned.
In the summon brought under Order 3 Rule 9, Oguguo accused Ani of impudent and unwholesome conduct in office as attorney general, resulting in usurping of justice without recourse to public interest, and abuse of legal process.
