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Nairaland Forum / Nairaland / General / Politics / Nsima Ekere & Anor Vs. H.E Udom Emmanuel & Ors (960 Views)
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Nsima Ekere & Anor Vs. H.E Udom Emmanuel & Ors by ItoroUdotim(m): 11:49am On May 28, 2019 |
Nsima Ekere & Anor vs. H.E Udom Emmanuel & Ors *Court Proceedings and Case Information Sheet one (1)* Appearances Petitioners (Obong Nsima Ekere hereinafter referred to as ONE & APC) J S Okutepa, SAN Prof E Ojukwu, SAN Victor Iyanam, Esq Edet Bassey, Esq Ubong Offiong, Esq 1st Respondent (HE, Udom Emmanuel) Dr O Ikpeazu, SAN Chief C Uche, SAN Chief Asam Asam, SAN Solomon Umoh, SAN Utibe Nwoko, Esq Nwachukwu, Ibegbu, Esq Uwemedimo Nwoko, Esq Ini Ememobong, Esq Harrison Okoro, Esq 2nd Respondent (PDP) T Oyetibo, SAN U Udom, SAN G A Umoh, Esq Samuel Akpabio, Esq D Jonathan, Esq Emmanuel Akpan, Esq P Mgbeoma, Esq Linus Utuk, Esq Uboho Eyo, Esq 3 & 4 Respondent (INEC & REC) Silva Ogwemoh, SAN ************************* Activity 1 - Motion to amend Petition Counsel to the Petitioner, Okutepa, SAN moved a motion praying the court to grant them leave to amend the petition as filed by the petitioner and to deem the amended and exhibited petition as being properly filed (that is to replace the erroneous petition which will be withdrawn where the prayer per the motion is granted. The application for amendment was to change the word "and", employed in the original Petition to the word "and" in the amended petition. The Respondents were however opposed to the application and relying on the case of Abubakar vs. Yar'Adua reported in LPELR 51 SC. 23- 24 B wherein the court highlighted the effect and difference between the words, "and" and "or". It was their principal argument in opposing the motion that the time reserved by the Constitution and the schedule to the Electoral Act on the procedure before the Tribual for the petitioner to amend his petition bas elapsed. The 2nd Respondent (PDP) also opposed the motion. Counsel to the 2nd Respondent relied on Olusola Oke vs. Mimiko wherein the court held that an amendment introducing a new ground cannot be brought after the expiration of the time limited for the presentation of the petition by the law. The counsel to the 3&4 Respondents also opposed the application stating that there is no fact to ground the application being granted in good faith and within the provisions of the law. The Petitioner however further urged the court to grant their prayers relying on South Atlantic Petroleum LTD. vs. Ministry of Petroleum Resources (2014) NWLR (Pt. 139) @ 24. Insisting that the correction sought is only as to form and does not affect the substance of the petition. ************************* The court at the close of submissions by counsel deferred ruling on the application to May 30, 2019.
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