Okorocha: Supreme Court to deliver judgement on January 24 -By Yinka Oni The Supreme Court, on Thursday, fixed January 24, 2014, for judgment in the appeal filed by Governor Rochas Okorocha of Imo State. The governor is challenging the decision of the Appeal Court Owerri, which joined his predecessor, former Governor Ikedi Ohakim, in the appeal instituted by Senator Ifeanyi Ararume, the candidate of the defunct Action Congress of Nigeria (ACN) in the election. Senator Ararume, in the said appeal, is challenging the May 6, 2011 supplementary elections conducted by the Independent National Electoral Commission that ushered in Okorocha as the duly elected governor of the state. At a resumed hearing yesterday, the court was confronted with a problem of identifying who the authentic National Chairman of the All Progressives Grand Alliance (5th respondent) is as Ahmed Raji announced representation for the party. Also, another counsel, Oba Maduabuchi told the court that he was briefed by Maxi Okwu, another National Chairman of APGA to handle the matter on October 30, 2013. Raji had informed the 7-man panel of the Supreme Court Justices that he was briefed on October 11, 2013 by APGA leadership in a letter signed by Chief Umeh as Chairman and Abdullahi Shinkafi as National Secretary. However, ruling on the issue, the panel declared Ahmed Raji as the authentic counsel for APGA since the party’s national chairman and secretary had confirmed that he was duly briefed on October 11, 2013. “It is hereby ordered, in the prevailing circumstance, that Ahmed Raji should proceed with the hearing of this matter,” the panel stated. Similarly, the oral application made by Chief C. N Udechukwu, counsel to the 2nd respondent (ACN) to bow out was granted. Ruling on the application, the presiding judge, Justice John Fagbeyi said, “In view of the fact that ACN has ceased to exist as a political party as agreed in SC252, (Akeredolu v Mimiko) on August 29, 2013, the name of the 2nd respondent is struck out.” Also, appeals SC 487, 2012 and SC 488, 2012 were withdrawn and dismissed by the apex court as applied by Raji, counsel to APGA. “Pursuant to Order 8 rule 6 (1) and (5) of Supreme Court rules, appeals nos SC 487 and SC 488 having been withdrawn are hereby dismissed” the panel ruled. Raji had told the court that his notice of withdrawal of the two appeals was dated September 30, 2013 and filed on October 17. Adeniyi Akintola, counsel to Okorocha, had opposed the application on the grounds that the notice of withdrawal was signed by Umeh and Shinkafi, who he said were not qualified for audience before the court. But Wole Olanipekun, counsel to Ohakim, said Akintola’s objection was misconceived and therefore urged court to dismiss it. Awa Kalu (for 3rd respondent) aligned himself with position of Olanipekun just as Chief Adegboyega Awomolo (counsel for INEC) did not oppose Raji’s withdrawal of the two appeals. Having dismissed appeals nos SC 487 and SC 488, the court was left with two consolidated appeals, SC 445 and SC 446. All the counsels adopted and moved their briefs, with Okorocha’s lawyer (Akintola) urging the panel to overrule the objection of the 1st respondent and rule that his client’s appeal which borders on jurisdiction is competent. Similarly, Olanipekun and Awa Kalu in their notices of preliminary objection, urged the court to dismiss Okorocha’s appeal. INEC counsel, however, said they are on the sidÉ of law, adding that the Appeal Court was right in admitting Ohakim as party in the appeal. On his part, APGA counsel (Raji) sought and got the panel’s nod to withdraw appeals SC 445 and SC 446 as the two were struck out. All the counsels adopted their briefs in the two appeals, so the Supreme Court panel fixed January 24, 2014, for judgment. -{Nigerian Telegraph}
Posted on: Fri, 01 Nov 2013 07:12:52 +0000
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