ENUGU—THE Court of Appeal sitting in Enugu, yesterday, adjourned to February 16 the application filed by Andy Uba of Peoples Democratic Party, PDP, seeking a review of its earlier judgment that nullified his election as senator representing Anambra South senatorial district.
In a fresh motion brought by Uba, the appellate court was asked to set aside the
judgment granted in favour of Chuma Nzeribe of All Progressives Grand Alliance, APGA, on the grounds that it constituted a nullity.
Nzeribe, however, filed a counter-affidavit and preliminary objection through his lawyer, saying the court could not entertain the matter.
When the matter came up for hearing yesterday, counsel to Nzeribe and APGA, Obiora Obianwu, SAN, prayed the court to allow the respondents reduce their arguments in writing since Andy Uba, through his counsel, had reduced his argument in writing.
Uba’s counsel, Arthur Obi-Okafor, SAN, did not raise any objection to the prayer of the respondent’s counsel.
Ruling on the application, the presiding judge, Justice Denton West, who led four other justices, gave an order for all the parties to file their addresses within three days and adjourned the appeal to February 16, 2012, for adoption of addresses.
The appellate court had in its earlier judgment on December 22, 2011, ordered that Uba’s Certificate of Return be withdrawn by the Independent National Electoral Commission, INEC, while a fresh election should be conducted within 90 days to elect a senator for Anambra South.
The grounds of Uba’s appeal for review of the judgment include that the Appeal Court had no jurisdiction to have nullified his election.
Uba stated that the 1st respondent (Nzeribe) in his appeal did not seek any relief, but the court proceeded to nullify his election and order fresh election in Anambra South senatorial district.
Recalling that the tribunal earlier dismissed Nzeribe’s petition because the petitioner had no relief upon which Andy Uba’s election could be nullified, he maintained that the Appeal Court lacked jurisdiction to nullify when the person did not seek any relief.
BY TONY EDIKE
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