Chidi Nkwopara
18 July 2008
Owerri — THE Court of Appeal sitting in Port Harcourt, Rivers State, has ordered the restoration and retrial of the legislative petition filed by Chief Best Njoku of the All Nigerian Peoples Party (ANPP) against Chief Mike Iheanaetu of the Peoples Democratic Party (PDP).
In a lead judgment delivered by Hon. Justice Mohammed Lawal Garba, the Court pointed out that the lower tribunal erred in law by dismissing the appellant's petition, especially when it was given discretionary powers under paragraph 49(1) of the First Schedule to the 2006 Electoral Act.
It was the considered opinion of the court that the tribunal ought to have directed that the pre-hearing session already started should proceed, notwithstanding the non-compliance with paragraph 3 (1) of the Practice Direction.
"On the whole, for the reason adumbrated in this judgment, I answer the issue of determination in the negative and restore same in favour of the appellants. I find merit in the appeal and hereby allow same", Hon. Justice Garba said.
Apart from quashing the lower tribunal's judgment, the court awarded a N30,000 cost in favour of the appellant.
Vanguard recalls that Chief Njoku approached the Imo State governorship and Legislative Tribunal sitting in Owerri and headed by Hon. Justice Ibrahim Mairiga, to challenge the declaration of Chief Iheanaetu by the Independent National Electoral Commission (INEC) as the winner of the April 14, 2007 House of Assembly election for Aboh Mbaise local government area.
Speaking to Vanguard, Chief Njoku described the judgment as "a triumph of justice over falsehood", adding the court has truly proved to be the last resort of the common man.
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