The Court of Appeal sitting in Owerri, Imo State capital, Saturday,
reserved ruling for today, October 12, 2015, on the appeal filed by the
governorship candidate of All Progressives Grand Alliance, APGA, in the
last general election, Dr. Alex Otti.
Otti approached the appellate court to challenge the decision of the Governorship Election Petition Tribunal, sitting in Umuahia, which refused him extension of time to present more witnesses.
When the appeal filed before a five-man panel led by Justice Jimmy Bada, came up for mention on Saturday, counsel for the applicant, Chief Awa Kalu, SAN, argued that his client was entitled to 14 days as stated by the Electoral Act.
Kalu also told the court that the lower court had on July 27, 2015, allowed a motion from the respondent after the same lower court had ruled on July 24 that no further motion would be taken.
“The lower tribunal foreclosed the appellant’s right to 14 days after granting him only 7 days and we prayed the court to grant him extra seven days extension to enable us call all our witnesses’’, Kalu said.
He urged the appellate court to allow the application, arguing that dismissing the matter would adversely affect the substantive of the substantive petition.
Counsel to Abia Governor Okezie Ikpeazu, Chief Wale Olanipekun, SAN, urged the court to discountenance the application, adding that “the application has no connection with the prayers of the appellant”.
Citing a litany of legal authorities, Olanipekun, noted that the lower tribunal had the constitutional backing to determine whether to extend time or not, in a matter before it.
Chief Onyechi Ikpeazu, SAN, and Dr. Livy Uzoukwu, SAN, who represented the Peoples Democratic Party, PDP, and Independent National Electoral Commission, INEC, respectively, supported the argument of Olanipekun, noting that if the lower tribunal allows the applicant 14 days, they are equally entitled to more time.
“If 14 days extension is granted the applicant and we are given 10 more days each, it will force the tribunal to sit beyond the 180 days allowed by law’’, Ikpeazu maintained.
After listening to argument by parties, Justice Bada reserved ruling on the application for Monday, October 12, 2015
Otti approached the appellate court to challenge the decision of the Governorship Election Petition Tribunal, sitting in Umuahia, which refused him extension of time to present more witnesses.
When the appeal filed before a five-man panel led by Justice Jimmy Bada, came up for mention on Saturday, counsel for the applicant, Chief Awa Kalu, SAN, argued that his client was entitled to 14 days as stated by the Electoral Act.
Kalu also told the court that the lower court had on July 27, 2015, allowed a motion from the respondent after the same lower court had ruled on July 24 that no further motion would be taken.
“The lower tribunal foreclosed the appellant’s right to 14 days after granting him only 7 days and we prayed the court to grant him extra seven days extension to enable us call all our witnesses’’, Kalu said.
He urged the appellate court to allow the application, arguing that dismissing the matter would adversely affect the substantive of the substantive petition.
Counsel to Abia Governor Okezie Ikpeazu, Chief Wale Olanipekun, SAN, urged the court to discountenance the application, adding that “the application has no connection with the prayers of the appellant”.
Citing a litany of legal authorities, Olanipekun, noted that the lower tribunal had the constitutional backing to determine whether to extend time or not, in a matter before it.
Chief Onyechi Ikpeazu, SAN, and Dr. Livy Uzoukwu, SAN, who represented the Peoples Democratic Party, PDP, and Independent National Electoral Commission, INEC, respectively, supported the argument of Olanipekun, noting that if the lower tribunal allows the applicant 14 days, they are equally entitled to more time.
“If 14 days extension is granted the applicant and we are given 10 more days each, it will force the tribunal to sit beyond the 180 days allowed by law’’, Ikpeazu maintained.
After listening to argument by parties, Justice Bada reserved ruling on the application for Monday, October 12, 2015
Abia Guber: Appeal court reserves ruling for 12th Oct
![Abia Guber: Appeal court reserves ruling for 12th Oct]()
Reviewed by Vita Ioanes
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Sunday, October 11, 2015
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