The Federal High Court one, sitting in Awka, the Anambra State capital, Monday, reserved ruling in an exparte motion filed by Senator Andy Uba, seeking the leave of court to enforce the judgment and orders of court in his favor against the Independent National Electoral Commission (INEC), orders which his counsel, Mr. Niyi Akintola (SAN), said are still subsisting and have not been vacated. The judgment and orders in Uba’s favour had pronounced him the candidate of the Peoples Democratic Party (PDP) in the November 16 governorship election. Justice I. B. Gafar, who presided after listening to further arguments from Akintola and his citations in law reserved ruling in the exparte motion. Though ruling on the matter was fixed for October 24 after processes were filed on October 23 and arguments taken, however for the sudden development arising from the judgment of the Port Harcourt division of the court of Appeal on the same October 23, which declared Tony Nwoye candidate of PDP, the ruling was not given. Instead, the Judge sought briefing on the relevance or otherwise of the court of Appeal judgment on the matter, adding afterwards that having considered the submissions of counsel to Uba and the authorities cited thereto, as well as the anxiety of the applicants to have the motion expeditiously decided, he was not convinced that ruling on the suit if delivered will not unwittingly upturn the decision of the court of Appeal or pre-empt the Appeal to the Supreme Court on the Appeal Court decision, even if it may not directly be related to the suit before it. Invariably, he said the appeal to the Supreme Court and the exparte motion before his court are all connected to the November 16 governorship election on who is the candidate of the PDP in Anambra State asking: “Of what use will it be to the applicant if the Supreme Court delivers a judgment in ren”? It is better, he said, to exercise patience and wait for the determination of the appeal at the Supreme Court which he observed may not take long given the expediency of the subject matter and there after reserved ruling. The judge however adjourned the suit sine dine. Before the ruling was reserved, Akintola had argued that the decision of the Court of Appeal in suit Nos: CA/PH/695/2013 and CA/PH/696:2013 though were appealed against, were different from the issue they brought before the court which was interpretation of the provisions of section 50(4) of the party constitution and not who is qualified to be candidate of PDP or not adjudicated upon by the Federal High Court, Port Harcourt and appealed against and won and which is now before the Supreme Court. Nicholas Ukachukwu also brought a motion on notice through his counsel, Sopulu Ezeonwuka which processes had been filed in court seeking to be joined, was however not heard.
Posted on: Tue, 29 Oct 2013 11:49:59 +0000
Trending Topics
Recently Viewed Topics
© 2015