By Alhassan Aishah Ndaman
The issue of contention among the counsels was whether or not the LSS could constitutionally hold a Congress where the quorum necessary to form it was not met. The Congress which forms the basis of the case in court was held during the First Semester of the 2019/2020 academic session.
The sitting commenced circa 4:54pm on 10th of March, 2021. The claimant who was absent from the court was duly represented.
After the counsels to the claimant and defendant announced their appearances respectively, SAU, AA Mustapha announced his appearance alongside Somope Abdulrasheed – Justice of the Student Union.
Some people walked into the court late and were asked to leave by the judges because they did not take a bow before entering.
Counsel to the Claimant, Adedimeji Quayyim Abdulhafeez brought an originating summons with an affidavit and a written address to the Honourable court.
The counsel to the defendant claimed to be unfamiliar with the matter in dispute as they were not briefed early enough to investigate and communicate their client.
They requested for ample time to sort the matter. The counsel to the Claimant registered displeasure and discomfort to the fact that the litigation bureau of LSS was not prepared for this matter that has been filed since the previous semester.
AA Ketu, Chief Judge of LSS was about to announce appearance when the Counsel to the Claimant, Adedimeji Quayyim Abdulhafeez objected, giving reasons that he was not properly dressed. Okwara Lawrence went ahead to read out S60(2) of LSS constitution which mandates compliance of members of LSS with the dress code.
The Defendants proposed that the case be adjourned till next week Monday. The Claimant’s counsel on the other hand, demanded an oral apology from the defendant because they were well prepared for the case.
The defendant suggested to file a defence on Monday but the Court only agreed to Friday by 12pm.
The judges asked non members of the court to list out some issues that were addressed by the court. The issue of reasonable time as to adjournment of a case (12 working days by virtue of order 22 rule 5 of LSS constitution and the issue of regulations guiding dress code ( if one is appearing as an advocate and not a witness).
Senior Advocate, AA Mustapha advised all to go and read more on ouster clauses and whether or not the court can digest itself on jurisdiction. In the spirit of learning, one of the judges also advised that one has to be very handy with laws while coming to court and everyone should read on whether or not a court can do away with its rule.
The case was adjourned for further hearing on 15th of March 2021.