Agbapuonwu told newsmen at the Federal High Court in Awka that 21 members were physically present at the House session where it was adopted on Nov. 13 and Uzoezie was unanimously elected to take over.
He decried the occupation of the Assembly complex by Policemen which made it impossible for the members to sit on Nov.15.
At the resumed hearing on Tuesday, Agbapuonwu told the court that his client wished to remove Gov. Willie Obiano as a defendant in the suit he filed at the Federal High Court Awka.
Uzoezie had joined Obiano as the third defendant in the suit against Mrs Rita Maduagwu, the embattled speaker from parading herself as speaker, having been impeached by members of the Anambra House.
He is seeking an injunction restraining Obiano from recognising any other person as speaker, other than himself.
Chief Emeka Agbapuonwu, counsel to Uzoezie said Obiano was in the executive arm who did not have a role in who became speaker of the State House of Assembly.
Agabapuonwu said the governor did not need a court order to recognise whosoever members of the House of Assembly have elected as their Speaker. counsels to Maduagwu and Umar respectively said they had no objection to the discontinuation of the case against Obiano.
Justice Bature Gafai granted the application and struck out the name of Obiano from the matter.
Agbapuonwu further told the court that he got about four processes including affidavits of two lawmakers Edward Ibuzo and Uchenna Okafor who no longer wished to be part of the impeachment.
He said another process was challenging the jurisdiction of the Federal High Court to sit on the matter.
The Plaintiff’s counsel prayed the court to give time to enable him respond to each of the processes.
In his response, Ikpeazu said he had no objection to the application for adjournment.
Justice Gafai adjourned to Dec. 6 for hearing.
