Appeal Court to hear case against Chime without INEC’s Rep The Court of Appeal, Abuja division yesterday granted an application which sought the onward hearing of an appeal aimed at removing Governor Sullivan Chime of Enugu state from office. Parties in the appeal include a chieftain of the Peoples Democratic Party Enugu state, Chief Alexander Obiechina (appellant), the Independent National Electoral Commission (1st respondent), the PDP (2nd respondent),) and Governor Sullivan Chime (3rd respondent). In the appeal, the PDP chieftain is contesting the refusal of Justice Adamu Bello of the Federal High Court Abuja, to invalidate the nomination process that produced Governor Chime on April 26, 2011 as standard bearer of the PDP. Justice Bello had on May 21, 2012, declined to remove Chime from office, saying he lacked the jurisdiction to invalidate his candidacy in the last general elections. At a resumed proceedings, the appellate court granted the application by Oba Maduabuchi, counsel to the appellant which urged the 3-man panel to proceed on hearing of his client’s appeal without INEC’s brief and relevant processes. Governor Chime’s lawyer, Mrs O.J Offia and that of the PDP, O.K Akuyibo both did not object to the appellant’s application to leave out INEC in the appeal. In view of this, “The application seeking the hearing of this appeal without the 1st respondent’s briefs is granted as prayed. INEC has failed to file and serve any brief or application for extension of time in respect of this matter, the appellate court stated. Akuyibo had vehemently opposed Maduabuchi’s application, arguing that “this is not a proper case where the court can invoke its powers under Section 15 of Court of Appeal rules for the simple reason that the trial had declined jurisdiction over the appellant’s suit. He submitted that the subject matter of the appeal is to determine whether the trial court was right or not to decline jurisdiction to hearing of the case, insisting that the appellate court could not go outside the issue of jurisdiction. The panel also granted the application of Maduabuchi to withdraw prayer one in his motion paper, which required the appellate court’s invocation of Section 15 of the Court of Appeal rules to enable it assume jurisdiction over the matter as court of first instance just as it granted 15 days to parties to file and serve their processes. Maduabuchi claimed in the relief he is seeking that there was no primary election held on January 12, 2011 for the PDP governorship aspirants, where governor Chime purportedly emerged, and therefore prayed for an order setting aside the judgement of the lower court. However, the panel asked him to get prepared to address the court on the interpretation and provision of Section 141of the Electoral Act as amended assuming the court agrees with his submission and going by relevant judgements of the Supreme Court in respect of Section 141. The panel asked the appellant to prepare his address on the grounds that, “Assuming we agree with you, can we after an election going by Supreme Court decision based Section 141 of the Electoral Act, make you occupy the position of governor in an election you did not participate”. The matter was adjourned to December 5, 2013 for hearing of the appeal. Saturday pilot recalled that Justice Bello had said the issue of nomination and sponsorship of a candidate for any given election was within the realm of the domestic affairs of a political party. He therefore dismissed Obiechina’s suit, insisting that the plaintiff, having failed to take part in any of the primary elections conducted in Enugu state by the PDP, lacked the locus-standi to seek the nullification of the said electoral processes. Mr Oba Maduabuchi alleged that Chime was handpicked through a kangaroo process, and therefore prayed the court to declare as null and void, the said purported primary election.
Posted on: Fri, 08 Nov 2013 16:57:53 +0000
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