Appeal Court cautions against delay in Abana, Obi's suit
THE Appeal Court, Abuja panel hearing the interlocutory appeal by the embattled Senator Ikechukwu Abana against his disqualification has warned the lawyers appearing in the case not to delay proceedings.
The panel, which is headed by Justice Ahmad Muhammad, also has Justice Mary Odili and Zainab Bulkachuwa as members.
Abana is challenging the declaration of Chief Ben Obi as the winner of the Anambra Central Senatorial zone polls held last year.
The panel particularly warned Abana's lawyer, Mr. Wole Adebayo, who was not in court but was represented by one Chuka Ugwu, that he must ensure diligent prosecution of the application or it would be dismissed outright.
It adjourned the matter for definite hearing to November 9, 2004.
Abana, whose stay in the Senate was on May 4, 2004 voided by the Court of Appeal panel headed by Justice Ayo Isa Salami, had gone to the Federal High Court, Abuja division to stop the Independent National Electoral Commission (INEC) from issuing the certificate of return to the declared winner, Chief Ben Obi, but left out Obi's name as a respondent in the matter. But upon application, Justice Steve Jonah Adah joined Obi as a relevant respondent. Abana went to the Appeal Court to challenge the joinder of Obi.
On Monday's session, Obi's counsel, Chief Chris Uche (SAN), told the Court of Appeal that the current application by Abana was targeted at buying time so that he (Abana) could continue to perpetuate illegality by remaining in the upper legislative chamber even though a competent court of last resort constitutionally has declared Obi the duly elected senator to represent Anambra Central.
Uche accused Abana and his counsel of frustrating the emergence of Obi who had been declared winner of the election.
The Supreme Court of Nigeria had last week voided the continued stay of Abana in the Senate when a five-justice panel confirmed that the Court of Appeal's judgment returning Obi as winner is the last court of competent jurisdiction on election matters involving the National Assembly.
In his lead judgement endorsed unanimously by the other sitting justice, Modibbo Alfa Belgore said: "This is an election matter relating to the election to the Senate and it is incompetent in this court. The battleground for this is Court of Appeal where all the remedies can be exhausted. The appeal is, therefore, struck out as incompetent.
INEC also stated in a recent document that it recognised that by virtue of Section 246(3) of 1999 Constitution, the decision of the appellate court on the election that relates to National Assembly is final.
