*** As Dr. Imoro Kubor vows Divine Justice
*** PDP Panic
The Supreme Court of Nigeria, Abuja in a Suit No. SC/369/2012 has served Hon. Henry Seriake Dickson, Peoples Democratic Party (PDP) and Independent National Electoral Commission, Monday 16th September, 2012 and will commence hearing of Change Advocacy Party (CAP) over the verdict of the Bayelsa State Governorship Election Petition Appeal, holden at Port Harcourt Division: Coram Honourable Justices M.L. Tsamiya, P.A. Galinje, J.I. Okoro, M.A. Danjuma and T.O. Awotoye JJCA which was delivered on the 31st day of August, 2012 in Appeal No.CA/PH/EPT/10/2012.
The Change Advocacy Party (CAP) and its governorship candidate, Dr. Imoro Kubor, had filed an appeal at the Supreme Court challenging the ruling of the Appeal Court, Port Harcourt in Rivers State.
The five Justices of the appeal court in their considered opinion dismissed the appeal against The Change Advocacy Party (CAP) and its governorship candidate, Dr. Imoro Kubor on the ground that ‘Exhibit “N” was resolved at the lower tribunal against Dr. Imoro Kubor and the ground of appeal upon which it is formulated is hereby dismissed.’
Lawyer to Dr. Kubor and change Advocacy party (CAP), a celebrated lawyer and Senior Advocate of Nigeria (SAN) A.J. Owonikoko said the learned Justices of the Court of Appeal misconstrued the complaint of Dr. Imoro Kubor and Change Advocacy party and erred in law because Exhibit “N” an ex-parte order issued in admittedly discontinued Suit
NO. FHC/ABJ/CS/3/2012 on the non-qualification on Hon. Henry Dickson to contest the Bayelsa State Gubernatorial Election held on 11th February, 2012 was not taking into consideration before its ruling, stressing that it is a miscarriage of justice.
He further averred that the argument of Dr. kubor against Exhibit “N” is that being ex-parte interim orders it is a decision but it is not a final judgment because it does not determine the right in litigation on which a party can rely in a subsequent suit to establish its right to a relief or defense.
A.J. Owonikoko, SAN also said the reasoning of the appeal court prevented the five Justices from properly appraising the arguments of Dr. Imoro Kubor and Change Advocacy Party (CAP) that the ex-parte order was proof that prior to commencement of the suit in which it was made, adding that the Peoples Democratic Party (PDP) had not validly nominated Hon. Henry Seriake Dickson for the election as required by the 1999 constitution and the relevant mandatory provisions of the Electoral Act.
On Exhibits “D” and “L” the Appeal Court held that, “about the frequency of the use of the computer as well as ascertainment of the authenticity of the information contained in the documents. A party who seeks of tender computer generated evidence needs to do more than mere tendering the documents from the bar without more,”
But A.J. Owonikoko, SAN disproved the five Justices that section 84 provides for two alternatives for proving authenticity of electronically generated evidence so as to render it admissible in the sense that these Exhibits were tendered from the bar at the lower election petition tribunal. And that an internet printout from INEC website in litigation which is not disputed by INEC as authentic is admissible in evidence against Hon. Henry Dickson and the Peoples Democratic Party.
A.J. Owonikoko, SAN further argued that whether invalidly sponsored candidate by a political party can rise on his stage of nomination?
That Hon. Henry Seriake Dickson was not nominated by the party. That the right of a party to nominate is separate from the duty of the party to validly sponsor a candidate. As par the close of nomination, Hon. Henry Seriake Dickson was not a candidate with Independent National Electoral Commission (INEC) and Peoples Democratic Party (PDP) has no candidate.
That Hon. Henry Seriake Dickson then filed an action in Abuja, less than twenty three (23) days to the election and base on that action, Hon. Dickson was entitled to contest because Hon. Dickson was a disqualified candidate, why? His name must be emerged and must be recognize by INEC not less than thirty (30) days to the date of the election. His nomination must be valid in accordance with the Constitution of the Federal Republic of Nigeria and the Electoral Act (as amended 2010), that Hon. Henry Seriake Dickson was not qualified to be elected into office of Governor of Bayelsa State as required by law.
Our reliable source said a Supreme Court Justice from the Niger Delta Region who was recently retired from service was the eye of the Governor and Peoples Democratic Party (PDP), who has been alleged of doing some shady deals for the immediate past governor of the state without success.
PDP source who pleaded not to be on print, told www.247ureports.com that it is surprising that Dr. Imoro Kubor and Change Advocacy Party (CAP) will go beyond Appeal Court. We thought that will be his limit, but now it is a serious matter because of that lady at the Supreme Court.
It could be recalled that, there was a wild spread allegation of money exchanged hands on the Appeal Court Justices on the eve of Judgment. They seated two hours behind delivering Judgment, in their opening remark, “sorry we were putting things in order, please don’t be offended.”
Social critics asked the rationale behind this pleading, when enough time was giving to prepared their Judgment and was at that critical period when everybody had seated before telling court that they were putting things in order which were not disclosed. This is suspicious and a doctored Judgment, a constitutional lawyer queried.
Our source closed to Supreme Court said that the present Chief Justice of the Federation is a non sense Justice that the right thing must be done in every matter before her. The source said she has set up a secret task force to monitor and checkmate the Justices in the Supreme Court of any fraudulent practice that may endanger her reputation before leaving office by 2014.