THE BIG ONE DON CUM AGAIN! The Supreme Court fixed June 21 2013 to rule on d Appeal wey the candidate of d Democratic Peoples Party (DPP) for Delta State governorship election wey take place for April 2011, Great Ogboru. Ogboru tell the Court to keep aside e March 21, last year judgment, wey comfirm say Emmanuel Uduaghan wey represent Peoples Democratic Party (PDP) as d winner of d election. Ogboru’s counsel, Dickson Osuala, talk say the Supreme Court dey wrong to strike out him client initial Appeal against Oga at d top Uduaghan election, even as e agree say d decision of d Court of Appeal na nullity. D counsel cum talk say d Supreme Court suppose hear d Appeal on a merit, or say dem for make a consequential order to remit the petition to d governorship election petition tribunal. As dem declare say the lower court judgment na nullity, he cum talk say the proper order to make na to hear Ogboru’s Appeal or na to remit the case back to the lower court for fresh hearing. But the court cum draw Osuala’s attention to d fact say Ogboru’s initial counsel Sebastine Hon (SAN) had earlier filed and withdrawn a similar application and say the new application go amount to abuse of d process of d court. Osuala cum tell d court say Hon withdraw d application witout d right authority of him client and under suspicious circumstances. “The applicant abi na appellant bring to the knowledge of dis court say they never instructed or permit Hon to withdraw the appeal. Osuala say Mr. Hon misrepresent d position of the appellant,” he still talk say. The head of the Supreme Court panel of justices, Justice Ibrahim Tanko, talk say the apex court nor agree with Ogboru say d decision of d Court of Appeal na nullity. The Judge cum also warn Osuala not to cast aspersions anytin about Hon and say as Hon na lawyer he get the right to do him client’s case as he deem am fit. He cum still talk again say: “him dey the panel and e happened to write d lead judgment and there is no where for e judgment he talk say the Appeal ruling dey succeeded. Wetin him talk na say the preliminary objection sustained, and the appeal struck out. For law, wetin be d effect of striking out? “The decision of the lower court na nullity based on say some things dey the issue wey dem nor do, not because say,any issue dey wey dem raise for the appeal Court,” he cum add again say him preliminary objection, Uduaghan‘s counsel Wole Olanipekun maintain say Hon get the right to withdraw d appeal. He say: “Any counsel wey dem brief to handle any matter get dominus litis – he say d Counsel nor be steward or servant to the client. Wen he dey court, he nor need the authority of the client to make a compromise or concession. “May the day never come wen any counsel go cum get to look over his or her shoulders 2 get instructions from the client before making any move in court. ” He cum state again say PDP’s counsel Mrs J.O Adesina (SAN) and d Independent National Electoral Commission’s (INEC’s)counsel, Onyechi Ikpeazu (SAN) agree wit Olanipekun and call on say make the court dismiss the case and make dem award cost against Ogboru. According to Adesina, so far Hon get the authority to represent Ogboru,on what ever decision he take dey binding on d appellant. Ikpeazu cum talk say d Applicant proceeded as if dere was no proceeding on October 15, last year, d day wey Hon withdrew the application to set aside d judgment, he say he ought to have first set aside dat wey transpired. “as e nor do dat, the concession made by Hon and the order made by my Lords wey follow the withdrawal remain binding on d Applicant.” He state am, On point of law, Osuala replied say nor be the law say he must first set aside the earlier order striking out the suit. According to him, since the earlier application don strike out, him client get the right to come back to court. He cum also inform the court say Ogboru done write go the office of the Chief Justice of Nigeria to protest the withdrawal of the application by Hon. The Supreme Court cum look the issue well nai dem adjourn d case to June 21st 2013 to rule on the application. MY PEOPLE DIS NA WETIN HAPPEN FOR THE LAST SEATING BETWEEN OUR GOVERNOR AND GREAT OVEDJE OGBORU. NA ON FRIDAY HERE NAI DEM GO GATHER AGAIN TO DRAW CONCLUSION FOR THE MATTER. HOW UNU SEE THE MATTER SELF?
Posted on: Wed, 19 Jun 2013 05:34:22 +0000
Trending Topics
Recently Viewed Topics
© 2015