Leadership (Abuja)

Nigeria: Appeal Court Reserves Judgement

Abuja — The Court of Appeal in Abuja yesterday adjourned indefinitely, the judgement on the appeal filed before it by the All Progressives Grand Alliance (APGA) governorship candidate in the April 14, 2007 elections in Imo State, Chief Martin Agbaso, praying the court to compel the Independent National Electoral Commission (INEC) to announce the result of the said polls. A five-member panel of the appellate court justices led by Justice Rabiu Danlami Mohammed, told counsels to the respondent and defendants that the judgment date will be communicated to all parties in the matter. Judgement was reserved after parties in the appeal had adopted their written addresses which were complemented with persuasive legal fireworks by lawyers in the appeal, with each trying to sway the mind of the court to his favour. INEC through its counsel, Adetunji Oyeyipo, contended that the court has no jurisdiction to announce the result of the April 14, 2007 governorship polls in Imo State because the appellant, Chief Agbaso, participated in the second governorship election conducted in the state on April 28, 2007 . Oyeyipo said it was wrong for Agbaso to ask the court for an order of mandamus compelling the electoral body to release the April 14 polls, pointing out that INEC never exhausted the internal remedy of asking it to announce the result before he rushed to court. Counsel to Governor Ikedi Ohakim, Livy Uzoukwu (SAN), told the court that the results which Agbaso was relying upon to make prayers that the court should declare him governor of Imo state, were mere photocopies that cannot stand as certified true copies of the result. To this effect, he said there was no way the court would rely on such photocopies of the said election result and order that Agbaso is the governor of Imo state just as he asked the court to discountenance such argument and dismiss same for lack merit. the that failure by Agbaso to tender form EC8A and EC8B has rendered his "appeal legally useless and evidentially worthless, adding that they were not produced to authenticate the result. Responding to Ohakim's position, counsel to Agbaso, Chief Wole Olanipekun (SAN), told the court that the issue of not producing certified true copies of the result as canvassed by Ohakim does not mattersince the matter in question is not a civil matter but an election matter. He argued that the appeal in requires affidavit evidence and not certified true copies of results, adding and that the court would do well to dismiss the argument of Ohakim's counsel in the interest of justice. Besides, he told the court that Ifeanyi Ararume, the PDP candidate in the said polls cannot be seeking to get what he lost at the Court of Appeal Port-Harcourt since he did not secure a favorable relief from that court.


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