Abia guber: Apeal court grants accelerated hearing against Orji

Posted by admin Abia, Governors, State News Thursday, May 5th, 2011

The Court of Appeal on The Court of Appeal on WednThe Court of Appeal on Wednesday granted an accelerated hearing in the appeal brought by a chieftain of the Peoples Democratic Party (PDP) and governThe Court of Appeal on Wednesday granted an accelerated hearing in the appeal brought by a chieftain of the Peoples Democratic Party (PDP) and governorship aspirant for Abia State, Chief Ikechi Emenike, seeking to set aside the judgment of a Federal High Court, which declared Governor Theodore Orji of Abia State as the authentic candidate of the party for the April 26 governorship elections.
The Court of Appeal on Wednesday granted an accelerated hearing in the appeal brought by a chieftain of the Peoples Democratic Party (PDP) and governorship aspirant for Abia State, Chief Ikechi Emenike, seeking to set aside the judgment of a Federal High Court, which declared Governor Theodore Orji of Abia State as the authentic candidate of the party for the April 26 governorship elections.

In the 15-ground appeal, Emenike, who emerged as the governorship candidate of the party in a parallel primary, is praying the appellate court to set aside the judgment of Justice Gabriel Kolawole because it was erroneous and a miscarriage of justice. When the appeal was mentioned in court yesterday, the court granted the application by the appellant for an accelerated hearing of the appeal whose subject matter.

Ealier, the application by Governor Orji for time to file a supplementary record of appeal suffered a setback as the court ordered his counsel, Livi Uzoukwu (SAN), to file his brief of argument within 14 days. The court, however, said the governor was at liberty to file a supplementary record of the appeal as he alleged that some vital pages in the record of appeal were missing.

Emenike’s counsels, Chief Adeniyi Akintola (SAN) and Emeka Ngige (SAN), had urged the court to refuse the aplication to file a supplementary record of appeal on the ground that the governor had flouted the provisons of order 8 rule 6 of the Court of Appeal, which permits such an application to be filed within 15 days and not 30 days as was the case with the governor. Akintola had earlier moved an application, seeking for an accelerated hearing and abridging the time of the respondents within which to file their brief of arguments.

Counsel to the Independent National Electoral Commission (INEC), Harilu Liman, did not opposed the application.
The ruling Peoples Democratic Party (PDP) did not also oppose the application. The INEC counsel, Olushola Oke, however, said he needed to file a supplementary record of appeal to enable the party take a firm position on the subject matter. But it was later discovered that the alleged missing pages in the record of appeal were not missing but contained in pages 15 to 16 of the record.

Justice Jimmy Bada, who led the panel of justices later adjourned the appeal to May 23, 2011 for definite hearing.
The appellant is contending that the trial Judge closed his eyes to the facts of the case, particularly to the fundamental inconsistencies of the party’s guidelines with its constitution, Electoral Act and the 1999 constitution as he made no findings on the inconsistencies.

Besides, the appellant is contending that in holding that the PDP guideline “ought to and should have formed the basis of a substantive cause of action,” the court wrongfully assumed the role of formulating a case for the plaintiff different from what was submitted for adjudication in the originating summons.

In the 15-ground appeal, Emenike, who emerged as the governorship candidate of the party in a parallel primary, is praying the appellate court to set aside the judgment of Justice Gabriel Kolawole because it was erroneous and a miscarriage of justice. When the appeal was mentioned in court yesterday, the court granted the application by the appellant for an accelerated hearing of the appeal whose subject matter.

Ealier, the application by Governor Orji for time to file a supplementary record of appeal suffered a setback as the court ordered his counsel, Livi Uzoukwu (SAN), to file his brief of argument within 14 days. The court, however, said the governor was at liberty to file a supplementary record of the appeal as he alleged that some vital pages in the record of appeal were missing.

Emenike’s counsels, Chief Adeniyi Akintola (SAN) and Emeka Ngige (SAN), had urged the court to refuse the aplication to file a supplementary record of appeal on the ground that the governor had flouted the provisons of order 8 rule 6 of the Court of Appeal, which permits such an application to be filed within 15 days and not 30 days as was the case with the governor. Akintola had earlier moved an application, seeking for an accelerated hearing and abridging the time of the respondents within which to file their brief of arguments.

Counsel to the Independent National Electoral Commission (INEC), Harilu Liman, did not opposed the application.
The ruling Peoples Democratic Party (PDP) did not also oppose the application. The INEC counsel, Olushola Oke, however, said he needed to file a supplementary record of appeal to enable the party take a firm position on the subject matter. But it was later discovered that the alleged missing pages in the record of appeal were not missing but contained in pages 15 to 16 of the record.

Justice Jimmy Bada, who led the panel of justices later adjourned the appeal to May 23, 2011 for definite hearing.
The appellant is contending that the trial Judge closed his eyes to the facts of the case, particularly to the fundamental inconsistencies of the party’s guidelines with its constitution, Electoral Act and the 1999 constitution as he made no findings on the inconsistencies.

Besides, the appellant is contending that in holding that the PDP guideline “ought to and should have formed the basis of a substantive cause of action,” the court wrongfully assumed the role of formulating a case for the plaintiff different from what was submitted for adjudication in the originating summons.

orship aspirant for Abia State, Chief Ikechi Emenike, seeking to set aside the judgment of a Federal High Court, which declared Governor Theodore Orji of Abia State as the authentic candidate of the party for the April 26 governorship elections.

In the 15-ground appeal, Emenike, who emerged as the governorship candidate of the party in a parallel primary, is praying the appellate court to set aside the judgment of Justice Gabriel Kolawole because it was erroneous and a miscarriage of justice. When the appeal was mentioned in court yesterday, the court granted the application by the appellant for an accelerated hearing of the appeal whose subject matter.

Ealier, the application by Governor Orji for time to file a supplementary record of appeal suffered a setback as the court ordered his counsel, Livi Uzoukwu (SAN), to file his brief of argument within 14 days. The court, however, said the governor was at liberty to file a supplementary record of the appeal as he alleged that some vital pages in the record of appeal were missing.

Emenike’s counsels, Chief Adeniyi Akintola (SAN) and Emeka Ngige (SAN), had urged the court to refuse the aplication to file a supplementary record of appeal on the ground that the governor had flouted the provisons of order 8 rule 6 of the Court of Appeal, which permits such an application to be filed within 15 days and not 30 days as was the case with the governor. Akintola had earlier moved an application, seeking for an accelerated hearing and abridging the time of the respondents within which to file their brief of arguments.

Counsel to the Independent National Electoral Commission (INEC), Harilu Liman, did not opposed the application.
The ruling Peoples Democratic Party (PDP) did not also oppose the application. The INEC counsel, Olushola Oke, however, said he needed to file a supplementary record of appeal to enable the party take a firm position on the subject matter. But it was later discovered that the alleged missing pages in the record of appeal were not missing but contained in pages 15 to 16 of the record.

Justice Jimmy Bada, who led the panel of justices later adjourned the appeal to May 23, 2011 for definite hearing.
The appellant is contending that the trial Judge closed his eyes to the facts of the case, particularly to the fundamental inconsistencies of the party’s guidelines with its constitution, Electoral Act and the 1999 constitution as he made no findings on the inconsistencies.

Besides, the appellant is contending that in holding that the PDP guideline “ought to and should have formed the basis of a substantive cause of action,” the court wrongfully assumed the role of formulating a case for the plaintiff different from what was submitted for adjudication in the originating summons.

esday granted an accelerated hearing in the appeal brought by a chieftain of the Peoples Democratic Party (PDP) and governorship aspirant for Abia State, Chief Ikechi Emenike, seeking to set aside the judgment of a Federal High Court, which declared Governor Theodore Orji of Abia State as the authentic candidate of the party for the April 26 governorship elections.

In the 15-ground appeal, Emenike, who emerged as the governorship candidate of the party in a parallel primary, is praying the appellate court to set aside the judgment of Justice Gabriel Kolawole because it was erroneous and a miscarriage of justice. When the appeal was mentioned in court yesterday, the court granted the application by the appellant for an accelerated hearing of the appeal whose subject matter.

Ealier, the application by Governor Orji for time to file a supplementary record of appeal suffered a setback as the court ordered his counsel, Livi Uzoukwu (SAN), to file his brief of argument within 14 days. The court, however, said the governor was at liberty to file a supplementary record of the appeal as he alleged that some vital pages in the record of appeal were missing.

Emenike’s counsels, Chief Adeniyi Akintola (SAN) and Emeka Ngige (SAN), had urged the court to refuse the aplication to file a supplementary record of appeal on the ground that the governor had flouted the provisons of order 8 rule 6 of the Court of Appeal, which permits such an application to be filed within 15 days and not 30 days as was the case with the governor. Akintola had earlier moved an application, seeking for an accelerated hearing and abridging the time of the respondents within which to file their brief of arguments.

Counsel to the Independent National Electoral Commission (INEC), Harilu Liman, did not opposed the application.
The ruling Peoples Democratic Party (PDP) did not also oppose the application. The INEC counsel, Olushola Oke, however, said he needed to file a supplementary record of appeal to enable the party take a firm position on the subject matter. But it was later discovered that the alleged missing pages in the record of appeal were not missing but contained in pages 15 to 16 of the record.

Justice Jimmy Bada, who led the panel of justices later adjourned the appeal to May 23, 2011 for definite hearing.
The appellant is contending that the trial Judge closed his eyes to the facts of the case, particularly to the fundamental inconsistencies of the party’s guidelines with its constitution, Electoral Act and the 1999 constitution as he made no findings on the inconsistencies.

Besides, the appellant is contending that in holding that the PDP guideline “ought to and should have formed the basis of a substantive cause of action,” the court wrongfully assumed the role of formulating a case for the plaintiff different from what was submitted for adjudication in the originating summons.

Wednesday granted an accelerated hearing in the appeal brought by a chieftain of the Peoples Democratic Party (PDP) and governorship aspirant for Abia State, Chief Ikechi Emenike, seeking to set asideThe Court of Appeal on Wednesday granted an accelerated hearing in the appeal brought by a chieftain of the Peoples Democratic Party (PDP) and governorship aspirant for Abia State, Chief Ikechi Emenike, seeking to set aside the judgment of a Federal High Court, which declared Governor Theodore Orji of Abia State as the authentic candidate of the party for the April 26 governorship elections.

In the 15-ground appeal, Emenike, who emerged as the governorship candidate of the party in a parallel primary, is praying the appellate court to set aside the judgment of Justice Gabriel Kolawole because it was erroneous and a miscarriage of justice. When the appeal was mentioned in court yesterday, the court granted the application by the appellant for an accelerated hearing of the appeal whose subject matter.

Ealier, the application by Governor Orji for time to file a supplementary record of appeal suffered a setback as the court ordered his counsel, Livi Uzoukwu (SAN), to file his brief of argument within 14 days. The court, however, said the governor was at liberty to file a supplementary record of the appeal as he alleged that some vital pages in the record of appeal were missing.

Emenike’s counsels, Chief Adeniyi Akintola (SAN) and Emeka Ngige (SAN), had urged the court to refuse the aplication to file a supplementary record of appeal on the ground that the governor had flouted the provisons of order 8 rule 6 of the Court of Appeal, which permits such an application to be filed within 15 days and not 30 days as was the case with the governor. Akintola had earlier moved an application, seeking for an accelerated hearing and abridging the time of the respondents within which to file their brief of arguments.

Counsel to the Independent National Electoral Commission (INEC), Harilu Liman, did not opposed the application.
The ruling Peoples Democratic Party (PDP) did not also oppose the application. The INEC counsel, Olushola Oke, however, said he needed to file a supplementary record of appeal to enable the party take a firm position on the subject matter. But it was later discovered that the alleged missing pages in the record of appeal were not missing but contained in pages 15 to 16 of the record.

Justice Jimmy Bada, who led the panel of justices later adjourned the appeal to May 23, 2011 for definite hearing.
The appellant is contending that the trial Judge closed his eyes to the facts of the case, particularly to the fundamental inconsistencies of the party’s guidelines with its constitution, Electoral Act and the 1999 constitution as he made no findings on the inconsistencies.

Besides, the appellant is contending that in holding that the PDP guideline “ought to and should have formed the basis of a substantive cause of action,” the court wrongfully assumed the role of formulating a case for the plaintiff different from what was submitted for adjudication in the originating summons.

the judgment of a Federal High Court, which declared Governor Theodore Orji of Abia State as the authentic candidate of the party for the April 26 governorship elections.

In the 15-ground appeal, Emenike, who emerged as the governorship candidate of the party in a parallel primary, is praying the appellate court to set aside the judgment of Justice Gabriel Kolawole because it was erroneous and a miscarriage of justice. When the appeal was mentioned in court yesterday, the court granted the application by the appellant for an accelerated hearing of the appeal whose subject matter.

Ealier, the application by Governor Orji for time to file a supplementary record of appeal suffered a setback as the court ordered his counsel, Livi Uzoukwu (SAN), to file his brief of argument within 14 days. The court, however, said the governor was at liberty to file a supplementary record of the appeal as he alleged that some vital pages in the record of appeal were missing.

Emenike’s counsels, Chief Adeniyi Akintola (SAN) and Emeka Ngige (SAN), had urged the court to refuse the aplication to file a supplementary record of appeal on the ground that the governor had flouted the provisons of order 8 rule 6 of the Court of Appeal, which permits such an application to be filed within 15 days and not 30 days as was the case with the governor. Akintola had earlier moved an application, seeking for an accelerated hearing and abridging the time of the respondents within which to file their brief of arguments.

Counsel to the Independent National Electoral Commission (INEC), Harilu Liman, did not opposed the application.
The ruling Peoples Democratic Party (PDP) did not also oppose the application. The INEC counsel, Olushola Oke, however, said he needed to file a supplementary record of appeal to enable the party take a firm position on the subject matter. But it was later discovered that the alleged missing pages in the record of appeal were not missing but contained in pages 15 to 16 of the record.

Justice Jimmy Bada, who led the panel of justices later adjourned the appeal to May 23, 2011 for definite hearing.
The appellant is contending that the trial Judge closed his eyes to the facts of the case, particularly to the fundamental inconsistencies of the party’s guidelines with its constitution, Electoral Act and the 1999 constitution as he made no findings on the inconsistencies.

Besides, the appellant is contending that in holding that the PDP guideline “ought to and should have formed the basis of a substantive cause of action,” the court wrongfully assumed the role of formulating a case for the plaintiff different from what was submitted for adjudication in the originating summons.
-Sun

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