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Abia Guber Tribunal Update by onyfrank: 6:23pm On Jul 24, 2015 |
ABIA STATE GUBER
TRIBUNAL : ALEX OTTI
MOVES AHEAD, COURT
STRUCK OUT ALL
RESPONDENTS MOTIONS,
GRANTS APGA POSITION. Today was filled with
twist and turns in the
tribunal, while the
respondent lawyers
were moving motions
for the matter to be struck out, the
petitioner lawyers were
also skillfully opposing
their motions. After a long debate,
the tribunal judges
struck out all the
motions moved by PDP,
INEC and Ikpeazu's
Lawyers, but granted one of the motion of
APGA which seeks for
election materials of
Obingwa to be moved
to the court premises
for inspection by APGA lawyers. This simply means, the
matter will be heard on
its merit. Court
adjourned to 31st July,
2015. More elaborate detail
source AFN 1 Like 1 Share |
Re: Abia Guber Tribunal Update by RHP(m): 6:49pm On Jul 24, 2015 |
Ikpeazu we know... |
Re: Abia Guber Tribunal Update by Nobody: 6:54pm On Jul 24, 2015 |
Alex otti will win cos he really won that election that's fact 2 Likes 1 Share |
Re: Abia Guber Tribunal Update by hisgrace090: 7:57pm On Jul 24, 2015 |
Otti come rain come sun God is on your side, ride on . |
Re: Abia Guber Tribunal Update by PedroJP(m): 8:24pm On Jul 24, 2015 |
Pls, somebody should tell me why TA left the paradise he built in Abia to go and reside at Enugu. Doesn't he want to enjoy things he built in Abia ? Seems he wants to teach Enugu state how to build roads. Pls catapult that man from that place back to Abia |
Re: Abia Guber Tribunal Update by onyfrank: 1:44pm On Jul 25, 2015 |
ABIA GOVERNORSHIP
ELECTION PETITION
TRIBUNAL UPDATE-
TODAY THE 24th DAY OF
JULY, 2015.
It started at 9:21am. Present in Court today
were Dr Alex Otti- the
1st Petitioner and APGA
represented by its
State Party Chairman-
Rev Augustine Ehiemere. While the 1st
Respondent- Dr Okezie
Victor Ikpeazu- The
Executive Governor of
Abia State was absent,
the 2nd Respondent- PDP was fully
represented by its
State Secretary- Barr
Charles Eseonu. The 3rd
Respondent ( INEC ) was
absent. APPEARANCES OF COUNSEL
For the Petitioners,
Chief Akinwunmi SAN
lead the team while
WALE OLANIPEKUN SAN
lead the team for the 1st Respondent.
Whereas Paul Ananaba
SAN lead the team for
the 2nd Respondent, Dr
Levy Uzoukwu SAN
appeared for the 3rd Respondent with his
own team of Lawyers.
BUSINESS
Starting with the
Petitioners, the learned
SAN- Chief Akinwunmi informed the Court that
the Petitioners have 60
witnesses to call for
trial. That they also
intend to call one
expert witness. With regard to time needed
for examination in chief,
he suggested 15mins in
case there is need to
tender a document. As
for cross examination, he suggested 50
minutes.
The 1st Respondent's
Counsel- Wale
OLANIPEKUN SAN informed
the Court that they will call 75 witnesses but
subject to the ruling of
the Court. He also
asserted that they will
call expert witnesses at
the discretion of the Court. The learned SAN
also left the number of
minutes for all
examinations at the
discretion of the Court.
The 2nd Respondent (PDP) will call 28
witnesses. There will
also be expert
witnesses but time for
examinations were also
left at the discretion of the Court. According to
him, it is the taste of
Palm wine that
determines the quantity
to be consumed.
The 3rd Respondent propose to call not
more than 10 witnesses.
There will also be an
expert witness and if a
witness is not tendering
any document, he won't use more than two
minutes to lead him or
her.
ON THE MOTIONS BEFORE
THE COURT!
THE PETITIONERS 1st MOTION.
This Motion prayed the
Court to move all
applications to the end
of hearing. That all the
Motions be heard at the conclusion of
hearing and NOT at this
pretrial stage.
In opposing this Motion,
the Learned SAN for the
1st Respondent- Wale OLANIPEKUN quickly cited
the Supreme Court case
of Oshomulu Vs Airigbe
( 2013) 7 NWLR ( PT
1353 ) page 376@ 397.
He vehemently argued that there is a
difference between
OBJECTION to procedural
irregularity and
OBJECTION to
competence of an action which goes to
the issue of jurisdiction.
He urged the Court to
dismiss the application.
The 2nd Respondent
toed that same direction. The 3rd
Respondent, citing the
case of PDP Vs INEC,
argued that the type
of objection to be
taken at the preliminary stage is different from
the one to be taken at
the conclusion of
hearing.
THE PETITIONER'S 2nd
MOTION. This Motion prayed for
the Order of Court for
all the election
materials to be moved
to COURT for inspection.
This particular Motion was opposed by all the
Redpondents, citing
sections 72 and 151 of
the Electoral Act. Some
arguments hinged on
the feasibility of that exercise as those
materials are presently
situate at the various
Local governments
across the state. The
3rd Respondent further argued that the
exhibits attached to
the application are
completely and legally
worthless.
THE 1st RESPONDENT's 1st MOTION.
Argument on this
Motion by the Learned
SAN for the 1st
Respondent was the
most interesting as far as I am concerend. This
Motion, interestingly
prayed the Court to
dismiss the Petition in
its entirety as the
reliefs and grounds contained therein are
not obtainable in law.
According to the
learned SAN, by section
138(1) of the Electoral
Act and paragraph 14(2) (ii) of the 1st Schedule,
it is obvious that they
are parallel reliefs and
therefore in breach of
the sacred provision of
the Act. He referred the Court to pages 83-84
of the petition. They
are self contradictory,
incomprehensibl e and meaningless that no
Tribunal of any kind can
even have time to
sneeze or look at it.
The petition was said
to be dead on arrival. After drawing the
Court's attention to the
Counter Affidavit of the
Petitioners and their
written address wherein
they relied on the case of HDP Vs INEC, Wale
OLANIPEKUN sharply
distinguished that case
by putting the Court on
a proper perspective.
He unequivocally asserted that where a
Court can proceed to
formulate grounds
assuming none is visible
or well formulated is
where there are no grounds. But in the
instant case, the
Petitioners have
typewritten their
grounds such that they
can no longer be amended. The Learned
SAN pressed the Court
to operate based on
law and not sentiment
as it is a Court of Law.
Ladies and gentlemen, all other Motions were
heard today. The Court
arose sometime around
3:15pm and resumed
some minutes after
4pm. The Court resumed to rule on only one
Motion and that was
one of the Motions filed
by the Petitioners
praying for the
movement of the election materials to
Court for inspection.
The Court ruled and
GRANTED that
application. The Court
went further to state that ruling on all other
Motions will be taken at
the conclusion of
hearing.
FINDINGS!
Friends, I was not surprised at that ruling.
I believe it was
predicated on the
principle of fair hearing.
Let the materials be
moved to Court for inspection. Simple!
Note! I was told some
people were celebrating
victory. For what?
Matter was adjourned
to 31st July for more Motions.
ON A 2nd THOUGHT. If a
Court does not have
jurisdiction in a matter,
can that Court make a
valid order? Assuming the Court in ruling on
the application
challenging its
jurisdiction discovers it
has no jurisdiction, what
will happen to the orders already issued?
Why did the Court
refuse to entertain the
issue of jurisdiction that
has already been
raised? If would have been a different thing if
the applicants had
remained silent. Then,
one can say it can be
raised for the 1st time
even on appeal as the Chairman rightly said
today. But it has
already been raised and
the Court pushed it to
the conclusion of
hearing. Hahahahahahahah a! Odi egwu!
By Ugochukwu Amaraizu |
Re: Abia Guber Tribunal Update by sammyj: 2:04pm On Jul 25, 2015 |
This is the bigining of the end wailing wailers party in Asia state! !!! |
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