The Court of Appeal sitting in Owerri on Thursday dismissed an appeal filed by Gov. Okezie Ikpeazu’s Counsel, Chief Wole Olanipekun, challenging the ruling of the Governorship Election Petition Tribunal, sitting in Umuahia.
The three-member Abia state governorship election tribunal, headed by Justice Usman Bwala, ruled on July 24 that all the motions filed by the 1st, 2nd and 3rd respondents (Ikpeazu, Peoples Democratic Party and INEC) and the governorship candidate of the All Progressives Grand Alliance (APGA), Dr. Alex Otti, would be taken together with their judgment.
The tribunal ruled thus: “All these motions will be taken together with our judgement. Some of the motions are word for word with preliminary objection raised in 1st, 2nd, 3rd Respondents replies to the petition and petitioners replies to the respondents replies served on him.”
He further argued that ‘’no court has the powers, inherent or otherwise to reserve a ruling indefinitely.’’
He, therefore, urged the Appeal Court to allow the appeal by granting their reliefs in the notice of appeal and to enjoin the lower tribunal to rule on the pending motions.
Oracle further said that ‘’there is no issue of fair hearing involved in the case because the appellant was heard on his motion.’’
He posited that ‘’the appeal is premature, pre-emptive, frivolous and mere academic exercise and should be dismissed by the Appeal Court.’’
It further affirmed that the lower tribunal is to give ruling on all the motions filed before it including those of the petitioners (Otti and APGA).
Meanwhile, PDP also filed two more appeals against the petitioners, which were taken on Thursday by its Counsel, Paul Ananaba (SAN) and Rickey Tarfa (SAN) for the 1st and 2nd respondents (Otti and APGA).
The Court of Appeal has reserved judgments on the two appeals.
