TheAppeal Court, sitting in Owerri resumes today on the case of Action Congress Nigeria (ACN) candidate, Senator Ifeanyi Araraume against the Independent National Electoral Commission (INEC) where the ACN and Araraume are asking theAppeal Court’s interpretation of the Supplementary Election according to the 1999 constitution as amended and the 2011 Electoral Act as amended.
It will be recalled that the case was transferred to the Supreme Court by Gov Okorocha who kicked against the appeal court ruling for granting Ikedi Ohakim and PDP request to be joined in the suit as interested party which Okorocha also joined as an interested party.
However, the supreme remitted it back to the Appeal court.
Also, all is now set for the judgment on the election petition filed at the Election Petition Tribunal in Owerri, by the All Progressive Grand Alliance (APGA) candidate, Hon Walter Uzonwanne against the winner of the Oguta Assembly seat, Hon Eugene Dibiagwu of the Peoples Democratic Party (PDP).
The judgment was fixed for 20th of Feb 2013 after the two opposing counsel had adopted their written addresses before the Tribunal Panel on Tuesday 15th Jan 2013.
Addressing the court, the counsel to the petitioner, Bar Udechukwu (SAN) urged the court to discountenance the submission of Hon KCO Njemanze (SAN) of the defendant.
Claiming that there is a distinction on the electoral Act sect. 87 sub sec 10 as submitted by the defendant in his written address which says that “no court has the power to stop an already fixed election”
In his reply on point of law, Njemanze maintained and directed the court that his submission on electoral Act 86(10) is not ambiguous but very clear that there is no distinction of any kind.
However, the Hon Justice Sanga led panel thanked the opposing counsel for their respect and adherence to the rule of law and the ethics of law profession. Hon KCO Njemanze was highly extolled by the panel for all his effort in directing and helping the court during the time of the trial. In the words of the judge “we are all learning every day, we appreciate your efforts and helps counsel”.
The day for the judgments was pronounced to be on 20th February 2013.
In a related development, the cases between Eze Cletus Ilomuanya against Emeka Nwafor is also scheduled for judgment on the 11th of Feb 2013 while that of Eze Ilomuanya against Eze Samuel Ohiri will come up for ruling same 11th Feb 2013.
