The appeal case at the Court of Appeal between the Supreme Council and the General Executive Council (GEC) factions of Christ Apostolic Church came up on Wednesday 18th May 2016. One Mr Ogbe of the law office of Chief Afe Babalola & Co appeared for the appellants (the Supreme Council) while one Mr Lana appeared for the GEC.
What was pending was an application by the Supreme Council lawyers to substitute the names of the original appellants (who are now all deceased) with new ones. Until this is done, the appeal cannot proceed. The deceased appellants are: Pastor Obadare, Pastor Akintola and Pastor Alayo. However, Mr Lana has expressed his intention to oppose the application.
However when the case was called, the Court observed that service of Hearing Notice was not satisfactorily effected on all parties to the appeal. Particularly, the Nigeria Police was not properly served. According to a lawyer, service of Hearing Notices on all parties to a case is very important, as the case cannot make progress until they have been served. It is immaterial whether one of the parties is a nominal party (whose presence is not crucial before a case can be determined) as in this case. Even if the served party fails to appear in court, there must be proof that he has been served with Hearing Notice.
The Court of Appeal therefore adjourned the case to 19th October 2016. Why the long adjournment? The annual court vacation is around the corner.