THE appeal filed by Major-General Charles Airhiavbere (retd) at the Court of Appeal sitting in Benin against a ruling of the lower tribunal that stopped him from presenting additional witnesses to substantiate his allegation of Governor Adams Oshiomhole’s non-qualification to contest the July 14, 2012 governorship election suffered a hitch on Wednesday, following two different suit numbers assigned to appeal in one record.
At the court on Wedneesday, the issue caused confusion when the case came up for hearing, as counsel for Governor Oshiomhole, Chief Wole Olanipekun, (SAN), refused to make appearance after counsel for Airhiavbere, Chief Efe Akpofure (SAN), had announced his appearance.
Olanipekun submitted that the suit number called was strange to him and that they had no brief on case 320.
“I don’t have 320 at all. I am still confused as to which appeal I am to appear for,” he said.
Counsel for the petitioner, in his response, blamed the court registrar for the variance in the number, adding that the suit number for hearing was 330.
Following the argument, the court ordered that two separate files should be created and that there could not be any amendment, and therefore adjourned the appeal to Monday, December 3rd, 2012.