Mebrim Uchechukwu
22 February 2008
Abuja — NIGERIAN Advance Party (NAP) governorship candidate in general elections in Anambra State, Mr. Ifeanyi Okonkwo, has dragged the federal government as well as seven Supreme Court justices to court over the latters' failure to rescind their judgment that will keep Governor Peter Obi in office till March 17, 2010.
He consequently sought N500 million damages for alleged violation of his right following the non-entertainment of the case by the apex court.
In his fresh suit at the Federal High Court, Abuja, Mr. Okonkwo, vide a 'concurrent originating summons', prayed the court for an order directing the Federal Republic of Nigeria and Attorney General of the Federation and Minister of Justice to pay him the damages for the alleged violation of his rights as guaranteed by the constitution as well as by African Charter on Human and Peoples' rights.
The candidate, who has petitioned the National Judicial Council [NJC] to look into the alleged illegality by the apex court also filed another suit at the federal high court, Abuja to determine whether the supreme court was correct not to have heard his appeal before delivering judgment against him.
Similarly, he asked the court to decide whether the Supreme Court was right by allegedly breaching his fundamental human rights as provided in sections 36[1], 34 [1] [a],36[a][6][a][b][c]and [d],[7][8]and [12] of the 1999 constitution; and articles 2,3,4,7[1][a][b][c][2],26 and 28 of the African Charter on Human and Peoples rights[Ratification and Enforcement ] Act, Cap A9 L.F.N 2004?
He said the Justices of Supreme court including; Aloysius Iyoroyer Katstina-Alu[Presiding], George Adesola Oguntade, Mahumud Mohammed, Francis Fedode Tabai, Ibrahim Tanko Muhammad, Pius Olayiwola Aderemi and Christother Mitchel Chukwuma-Ene who delivered the judgment in favour of Gov. Peter Obi, "acted improperly by giving the impression that they wanted him punished over thrumped-up charges."
He also accused the court of breaching its duties to confine itself to issues raised by the parties, pointing out that 'a judgment of a court must be confined to the issues raised by the parties, and it is not competent for the court to suo motu make a case for either of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties before it."
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