…Appeal Court hears case on Thursday 22nd Nov. 2012
Legal battle seems not to be over for Governor Idris Wada of Kogi state as the Court of Appeal will this morning commence definite hearing in the suit filed by the winner of the January 2011 primary election of the People’s Democratic Party , PDP in the state. Jibrin Isah Echocho is challenging the decision of a Federal High Court sitting in Abuja which declined jurisdiction to entertain the suit.
The appeal court had granted an order of accelerated hearing in the suit on Tuesday 16th October,2012 and ordered parties to file all processes for today’s hearing.
Echocho had earlier approached the high court to challenge the election that brought in Wada on ground that INEC did not follow due process arising from the judgement of the Supreme Court which terminated the tenure of former Kogi state governor, Ibrahim Idris and five others.
Justice Abdul Kafarati in his judgement in the suit dismissed Echocho’s suit on the ground that it was a post election matter and same should have been directed to the state governorship election petition tribunal and the he did not have locus standi to institute such suit.
Not satisfied with the court’s decision, Echocho had through his counsel Chief Wole Olanipekun SAN approached the appeal court praying it to set aside the high court judgement.
Olanipekun hinged his prayer on the ground that the court did not consider any of the fundamental, constitutional and jurisprudential issues submitted to him for adjudication.
He further asked the appellate court to decide whether the lower court did not totally misapprehend Echocho’s case by dismissing same on the reasons given for lack of jurisdiction and that whether the court did not fall into a serious error by holding that Echocho does not have the locus standing to institute the action.
He further sought that, considering the misapprehension of the plaintiff/appelllant’s claims by the lower court, whether same did not result in a very serious error, leading to the breach of the appellant’s right to fair hearing.
In his statement of facts, Echocho had submitted that his case at the lower court was purely for constitutional interpretation adding that it was only Wada,AGF and INEC that were initially joined .
He further stated that the appellant contested and won the primary election of the PDP for the governorship election in the state on January 9,2011 pursuant to which the appellant’s name was forwaded as the governorship candidate for the state.
He also added that “a subsequent litigation ensued by which the primary election which produced the appellant ( Echocho) was challenged by one of his co-contestants , Rasak Kutepa and the PDP stoutly defended his election and victory at the said primary election, stating both on oath and through its counsel that he won the primary election on merit and that his name had been forwaded to INEC as its candidate for the governorship election in Kogi state- that is ,the election to succeed that last holder of the office of governor of Kogi state, whose tenure, by constitutional imperative and judicial pronouncement of the Supreme Court ended on May 28, 2011.
“In the same vein,INEC also confirmed on oath and via a written address before the court that the appellant’s name had been forwaded to INEC as its candidate for the election whereas INEC itself confirmed on oath that the appellant’s name had been forwaded to it by PDP as its candidate for the election.
“To date, the appellant’s name has not been withdrawn by PDP as its candidate for the governorship election in Kogi state”.
The appellant therefore prayed the court to assume jurisdiction under Section 16 of the Court of Appeal Act, to exercise the powers of the trial Court, settle completely and finally the matters in controversy between the parties and give judgement for the appellant, in order to avoid multiplicity of proceedings
