A’Court stops Anambra Senate rerun

Posted by admin Anambra, Legislature, Senate, State News Thursday, February 2nd, 2012

The Court of Appeal in Enugu State on Thursday ordered that the rerun in Anambra South Senatorial District scheduled for February 16 be put on hold pending the determination of the suit between Andy Uba of the Peoples Democratic Party and Chuma Nzeribe of the All Progressive Grand Alliance.

The court also adjourned to February 16, 2012, the application filed by Andy Uba of the Peoples Democratic Party, seeking a review of its earlier judgment, which nullified his election as Senator representing Anambra South senatorial district.

The court held that since the Independent National Electoral Commission was a party in the case, the agency could not go ahead with the rerun when the case was pending.

The PDP candidate is asking the Court of Appeal to set aside the judgment granted in favour of Chuma Nzeribe of the All Progressives Grand Alliance, 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, counsel for Nzeribe and APGA, Obiora Obianwu (SAN), prayed the court to allow the respondents to reduce their arguments to writing since Uba, through his counsel, Arthur Obi-Okafor (SAN), had reduced his argument to writing.

Obi-Okafor 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.

In its earlier judgment on December 22, 2011, the Court of Appeal ordered that Uba’s Certificate of Return be withdrawn by the Independent National Electoral Commission while a fresh election should be conducted within 90 days to elect a Senator for Anambra South.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 lacked jurisdiction to have nullified his election.

Uba stated that the first 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.

-Punchwp_posts