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B N W: Biafra Nigeria World News |
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Litigants seek retrial of cases over Anambra senatorial seats
THE legal battles over Anambra Central and South Senatorial constituencies resumed last Monday at the Court of Appeal, Enugu, with Mr. Ikechukwu Abana and Mr. Nicholas Ukachukwu both asking for a retrial of their cases, which they had earlier lost to their opponents, Chief Ben Obi and Senator Ugochukwu Uba.
The fresh trials followed constitution of a new panel of appellate court headed by Justice J. O. Ogebe, to try the election appeal cases in the division, all of which had been dogged by controversies. The new panel is the fourth to be constituted for the cases since trials started late last year.
The Justice Ayo Salami-led panel had in May this year upheld Obi as the winner of the appeal case, contending that he was the officially approved candidate of Peoples Democratic Party (PDP), for Anambra Central Senatorial election held in 2003, but several months after the declaration he (Obi) was yet to resume at the senate.
Abana, who had petitioned the National Judicial Council (NJC) over the Justice Salami panel that pronounced Obi winner, also asked the new panel to set aside judgment in the matter as well as a stay of execution of the said judgment on grounds that Salami panel was biased against him.
In his petition to NJC, he alleged that the panel intimidated his two counsel, Wale Babalakin (SAN) and Nobis Elendu, forcing them to withdraw from the case in annoyance, thus denying him fair hearing.
When the matter came up for hearing on Monday, counsel to Abana, Mr. Wole Adebayo, said he was not ready to move his motions because he was not aware that the case was coming up that day, adding that his appearance was accidental as he had come for another matter in Enugu.
But Chief Chris Uche (SAN), counsel to Obi, in his reply, accused the applicant's counsel of causing unnecessary delay in the matter, which according to him, had since been decided. He told the court that his client (Obi) got a judgment in the matter since last year but had not resumed at the senate adding that the adjournment of the case was to delay it.
Justice Ogebe, who said he had taken notice of the ploy to delay the matter further, granted the adjournment to October 19 for hearing.
Ukachukwu, in his own case, is asking for a retrial on grounds that the judgment of Opene panel in his matter with Uba was inconclusive. But, hearing in the matter could not proceed as counsel to Uba, Adebayo, again said he was not ready to go on, as he was not aware that the matter was slated for the day.
But he urged the court to convict Ukachukwu for contempt due to the commotion he allegedly caused in court when Justice Opene delivered judgment in Uba's appeal against him.
The matter was also adjourned to October 18, while the court adjourned hearing of the motion filed by the All Progressives Grand Alliance's (APGA) candidate in the Anambra Central Senatorial election, Chief Flint Obiekwe to October 4, 2004. Obiekwe is asking the court to set aside the judgment of the Salami panel in favour of Obi.
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