Anambra Central: Appeal Court’s Special Panel Fixes Feb 26 for Definite Hearing on Okonkwo’s Appeal
Alex Enumah
A five-man special panel constituted by the President of the Court of Appeal, Justice Zainab Bulkachuwa, yesterday fixed February 26 for definite hearing of the appeal filed by the candidate of the Peoples Democratic Party (PDP), Dr. Obiora Okonkwo, seeking to restore the consent judgment of the Federal High Court delivered on December 13, 2017, ordering the Independent National Electoral Commission (INEC) to issue him a certificate of return as senator representing Anambra Central senatorial district.
The panel, headed by Justice M. L. Garba, announced the date yesterday shortly after it commenced sitting on the matter.
Members of the special panel who are drawn from the various divisions of the court to hear the pre-election matter also include Justices Mohammed Danjuma; Tunde Awotoye; Mohammed Shuaibu and Eziakpono Oho.
When the appeal came up for mention Tuesday, Sabastine Hon (SAN), counsel to the appellant informed the court about the processes already filed before it.
Hon said though he has filed the appellant’s brief of argument, he however, needed time to respond to the processes filed by counsel to the Independent National Electoral Commission (INEC), Chief Awomolo Adegboyega (SAN), including a notice of preliminary objections.
He consequently asked the court for a short adjournment for the purpose of filling his response.
His application was not opposed to by counsel to the respondents including the Peoples Democratic Party (PDP), Ifeanyi Umeji and Ernest Nwoye for Mrs. Ekwunife.
The court consequently granted the application and adjourned the matter to February 26.
In the notice of appeal predicated on 13 grounds Okonkwo through his lawyer, prayed the Court of Appeal to set aside the January 12, 2018, ruling of Justice John Tsoho of the Federal High Court which vacated the said consent judgment of December 13, 2017.
He also asked the appellate court for an order directing INEC to immediately comply with the consent judgment of Justice Tsoho delivered on December 13, 2017, by issuing him with a Certificate of Return as the winner of the disputed senatorial seat.
In addition, the appellant is seeking an order of the Court of Appeal to the effect that the consent judgment entered into by Justice Tsoho on December 13, 2017 in suit No; FHC/ABJ/CS/1092/2014, ranks superior to any post-election decision, notwithstanding the hierarchy of court established by section 287 and other relevant provisions of the 1999 constitution (as amended)
He further prayed for an order that in spite of the hierarchy of the courts established by section 287 and other relevant provisions of the 1999 Constitution, a preelection suit and decisions ranks/ superior to a post-election decision notwithstanding that the court delivering the preelection decision is inferior to the court delivering or which has delivered the post-election decision.