About 37 chieftains of the party including Senator Lekan Balogun and Elder Wole Oyelese, had instituted an action against Governor Akala, PDP and INEC that the State Congress of the party should not be recognized.

Governor Akala was represented by the former Minister of Justice and Attorney General, Chief Richard Akinjide, SAN, while former President of Nigeria Bar Association, NBA, Mr. Oluwarotimi Akeredolu, SAN, held the brief for the plaintiffs.

The adjournment was given to allow Chief Akinjide to file his reply to the application which sought to commit the governor to prison for contempt.

Efforts of the counsel to vacate the interim order against the governor and the Independent National Electoral Commission, INEC, were unsuccessful as the plaintiffs counsel argued that the committal application must be heard first.

When Lateef Fagbemi, SAN, counsel to the state PDP Chairman, Dejo Afolabi, told the court that his pending application of vacation of the interim order be heard, Akeredolu said he brought a motion praying the court to commit Governor Akala to prison for contempt over a statement credited that the ruling of the court stopping INEC from recognising him was an act of frivolity.

Fagbemi said “this is not a normal civil procedure and not a normal time. The court has to take judicial notice of this. The nation is waiting for the outcome of these court proceedings. Everyone out there is waiting. The court should be mindful of this and give everyone involved in this matter fair hearing”

Akeredolu said since the defendants had failed to file any counter affidavit or written address to his application, it was taken that they had forfeited any rights to respond and the court should shut its door against them.

He said, “a party on whom proceedings have been served and who intend to reply should do so within seven days or else forfeit the right to reply”.