Oguta State Constituency APGA Wants Appeal Panel Over Hauled .As Court Rejects Govt Statement of Claims on Ex-Appointees

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From all indication, the last is yet to be heard on the Oguta State Constituency seat two years after the 2011 general elections. While other LGAs are busy enjoying representation from the legislators, the people of Oguta State Constituency has remained in the law court since the 26th April State Constituency election.

 

The legal battle has once again shifted to the Appeal Court from the election Tribunal, where the 1st and 2nd respondent represented by Chief Henry Akunobi Esq holding the brief of Chief Udechukwu SAN called for the overhaul of the trial panel arguing that any of them who was part of the panel that handled the Oguta election case when it first came to Appeal Court from the Federal High Court should not be part of the panel that will handle this one from the election tribunal.

Hon KCO Njemanze SAN representing the Appellant argued that the submissions of the 1st and 2nd respondent counsel are just to delay the hearing of the application so that it will be time-bar. He submitted that if the argument of Chief Akunobi is anything to go by that means the whole members will be changed for being part of either the earlier appeal on Oguta state constituency election or the Imo 2011 Guber election as cited in the 1st & 2nd respondents brief, which will end up making the appeal time bar.

On the views of the counsel to the 3rd respondent, Chief C.O.C Akaolisa, in his arguments earlier, he prayed the court to discountenance the issue raised by Chief Akunobi arguing that it is just an antic to delay justice which might result to denial of justice because it will amount to the change of the entire panel, in a case that is time conscious.

Barr B.I Amadi (Mrs) of INEC agreed with the Appellant, and 3rd respondent counsel submitting that they have confidence on the panel.

However, the court mandated the counsel to take their case to the higher authorities of Appeal Court (president/acting  president) to establish/find out if they are legible to handle the case or not. They however adjourned the case for the 10th of April 2013.

In a related development, the appeal on the withheld two months salaries, severance allowances and other entitlement of ex-political appointees of Imo State who served under Chief Ikedi Ohakim by the present Gov Rochas Okorocha led government came up at the Appeal Court.

KCO Njemanze standing for the ex-appointees asked for the withdrawal of his motion filed on the 21/12/12 which was granted as Barr. Mrs JC Ibe of the State Counsel did not object to it.

Mrs Ibe also filed a motion praying for extension of time and the acceptance of her statement of claims as properly filed, consequently, her first prayer was granted but the second denied, this was because KCO Njemanze objected the acceptance of the statement of claim stating that it was not properly arranged, and Mrs Ibe was given 14 days to arrange her statement properly.