…Court grants application to Issue Writ Under Undefended List
An Akwa Ibom State High Court sitting in Uyo on Monday made an order issuing a Writ of Summons under the undefended writ procedure against the Akwa Ibom State Chapter of the All Progressives Congress (APC). The Court made the order following an application made before it by Nsikak Akai, Esq., of counsel, representing the Claimants.
The Claimants in the suit, Messrs Louis Akanimo and Fidel Albert, both private legal practitioners who were engaged by the Defendant (APC) to handle the party’s 2015 Election Petitions on behalf of the APC and their candidates, before the National and State Houses of Assembly Election Petition Tribunal for Akwa Ibom State said they were specifically briefed by the State Chapter Chairman of the APC, Dr. Amadu Atai, in a letter dated April 30th, 2015.
For those who witnessed the Akwa Ibom National and State Houses of Assembly Election Petition Tribunal proceedings in 2015, it will be recalled that these young lawyers were excellent and sensational in their forensic delivery and gave the PDP a very stiff competition at the tribunal
However, despite their enormous efforts, which was severally acknowledged by various Tribunal Judges before whom they appeared in the respective petitions for the APC, the Court papers show that the APC has since then failed to honour its payment obligations to the Claimants by ensuring settlement of the Claimants’ professional fees till date.
According to Court papers filed on behalf of the Claimants, APC has refused to pay the balance of the Claimants’ professional fees in the sum of N30.2Million, despite several reminders, and unfulfilled promises. This resulted in the Claimants taking out the instant action before the High Court, Uyo, against the APC.
In granting the Claimants’ application to issue the writ under the Undefended List, the court ordered that the processes filed in the suit including the order should be served on the Defendant before the next adjourned date.
Speaking to newsmen at the end of the proceedings, Claimants’ counsel, Nsikak Akai, Esq. said that the whole essence of the undefended list is to obviate the rigours associated with a full blown trial thereby ensuring a speedy determination of cases
He expressed optimism that his clients who have severally tried to get the Defendant on the negotiation table without success, will recover their professional fees through the judicial process. The case has been adjourned to the 29th of November 2017 to consider the Defendant’s Notice of Intention to Defend (if any).