This Day (Lagos)

Nigeria: Appeal Court Petitioned Over Abia Guber

Davidson Iriekpen

20 November 2008


Lagos — A socio-political group based in Umuahia, Abia State, the Abia Democratic Alliance (ADA), yesterday petitioned the Justice of the Appeal Court in Port Harcourt to hasten the hearing of the appeal brought by the Governor, Chief Theodore Orji.

There had been reports that the state chapter of the Progressive Peoples Alliance (PPA) had filed another motion to further elongate the ongoing appeal by the governor.

Orji had in March filed an appeal challenging the judgment of the state Election Petitions Tribunal which on February 25, 2008 nullified his election and ordered that Chief Onyema Ugochukwu of the Peoples Democratic Party (PDP) be sworn in with immediate effect.

The case, which comes up before the court next Tuesday, was fixed for that day following a similar motion filed by the Independent National Electoral Commission (INEC) which stalled proceedings at the last sitting on October 20.

In a press statement signed by the Group's President, Hon. Ndudim Uwakwe, it warned that any further delay in determining the appeal on the state's governorship election case would plunge the state into deeper economic and political crises, urging the judges "to dispense justice without further delay".

Uwakwe argued that any attempt by any party involved in the case to further introduce time-wasting tactics either by way of frivolous motions or application for adjournment would seriously erode the confidence Abians have for the Court of Appeal in Port Harcourt.

He, however, acknowledged the handicap of the justices of the Court of Appeal who in an attempt to do justice and allow each side to be heard fully, are placed in the difficult position "of accepting to hear every motion filed".

Uwakwe noted that from what was happening, it was obvious that the governor, his political party, the PPA and INEC had taken full advantage of the generosity of the justices to continue a consistent pattern of delaying the case despite the fact that they initiated the appeal.

Reacting to a similar motion filed by counsel to INEC, Mr. Livy Uzoukwu, which at the last sitting of the court caused a five-week adjournment, the group said it was embarrassed when the commission which claimed it had no interest in the case filed the "frivolous motion".

"It seems INEC and Chief TA Orji have taken full advantage of the generosity of the Justices to continue a consistent pattern of delaying the case despite the fact that they initiated the appeal.

"We want to use this opportunity to call on the learned justices not to allow themselves to be used unwittingly as tools in the hands of the appellants. Abians have suffered enough. This litigation must come to an end at some point. Justice delayed is justice denied.

"Today Abia shows all the signs of a failed state. Last Saturday, the Nigerian First Lady Mrs Turai Musa Yar'Adua who enjoys a full compliment of armed escorts shied away from a University convocation ceremony in Abia State where kidnappers, bullion van robbers and killers have taken over the streets and operate with impunity.

"Last week commercial banks in Aba and Umuahia which have been forced by bandits to transport cash with helicopters went on strike to protest the spate of insecurity, illegal levies, bad roads and government corruption. Presently, health workers and medical personnel in the state have also gone on strike. Workers and teachers are owed backlog of salaries, while the state is indebted to banks despite the billions of naira coming from the Federation Account every month," the statement said.

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