Senate Seat: Hearing for October 4
Anambra
From Charles Onyekamuo in Awka
Appeal Court sitting in Enugu has fixed October 4, 18 and 19 for hearing on different motions filed by parties contesting the winner of Anambra South Senatorial district by Independent National Electoral Commission (INEC) in the April 12, 2003 elections. Justice Garba Nabaruma-led lower tribunal sitting in Awka had earlier decided on the petitions brought before it.
Justice J. O. Ogebe-led Appeal Court yesterday while hearing appeals decided to fix October 18 for hearing of the motion filed by Hon. Nicholas Ukachukwu asking the court to make an order setting aside judgement in case No: CA/E/EPT/19M/2003, Ugochukwu Uba vs C. N. Ukachukwu and ORS, deemed as read and delivered on February 26, particularly the contributions of Opene J. C. A.
The motion, which was brought under order 1 rule 19 of the court of Appeal Rules 2002 and under the inherent jurisdiction of the court of Appeal joined INEC, Resident Electoral Commissioner (Anambra State), INEC chairman and Returning officer for Anambra South senatorial zone.
Both Uba and Ukachukwu are PDP members who claimed to have contested the Anambra South senatorial seat on April 12, 2003 as PDP candidate. The lower tribunal in Awka had in its ruling said Ukachukwu was the party's candidate who contested and won the election and that the issue involved had gone beyond the party as a winner was returned by the constituency returning officer after the election. Uba had gone on Appeal, and Justice Opene-led panel in an inconclusive judgement on February 26 held otherwise, saying it remains the prerogative of the party to confirm its candidate for the election.
In the motion marked "court of Appeal, Enugu, 18 May," Ukachukwu argued that his other grounds for applying for rehearing included that the said judgement of February 26 was a nullity being tainted with fraud and impropriety, the judgement violated the provisions of section 36 (3) of 1999 Constitution, not having been pronounced in public in the manner known to law, and that the procedure adopted by the court in the judgement deemed to be delivered by the court as to deprive the decision/judgement of the character of legitimate adjudication.
His words: "The procedure adopted by the Justice Opene Panel of the court...should, however be taken as an aberration and not a normal practice of delivering judgement in this court. It should not be seen as a precedent and if it were, it is a dangerous one, which is not binding on the court and should not be followed."
The presiding judge, Justice Ogebe, while warning against what he called "the antics counsels put up," said the justices were equal to the task as Enugu Appeal division.
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