From Ada Bosa
One of the lead counsels for All Progressive Congress (APC) and Senator Chris Nwabueze Ngige, Emeka Ngige, SAN today at the sitting of the Election Petition Tribunal in Awka indicated that his clients will head to the Court of Appeal for an interlocutory appeal against the Tribunal’s ruling on an application by INEC to expunge some paragraphs of the APC/Ngige petition.
Ngige, SAN was addressing the court shortly after the three-man panel, with two in attendance ruled in an application brought by INEC, Chief Willie Obiano and All Progressive Grand Alliance (APGA), seeking to strike out several paragraphs of the petition.
The paragraphs are those dealing with double registration of Chief Willie Obiano of APGA, others described by the application as ‘vague and nebulous’, and yet other which relate to the competence of voter register which relate to dates before the polling day.
The tribunal attended today by the Chairman, Hon Justice Ishaq Bello and Hon Justice Akintola Akinniyi held that the issue of double-registration is a pre-election matter and as such exclusive jurisdiction belongs to the state and federal high courts.
Rather, they held that the Tribunal lacks jurisdiction by virtue of the fact that matter ought to have been brought before the state or federal high court.
The Tribunal further held that by virtue of the judgement of an Otuocha High Court, the matter of double-registration had further ousted the jurisdiction of the court.
In its 25-minute ruling read by Justice Akinniyi surprisingly apparently did not capture the authorities of Akeredolu vs Mimiko cited by the APC/Ngige Legal Team at the arguments on Tuesday, where the superior courts held that Election is not polling ,but a process which includes nomination of candidate by political parties before holding that the paragraph of the petition which levelled an allegation on INEC for giving political parties electronic copies of the voter register should equally be struck out, laving paragraphs alleging that the voter register used on November 16 was incompetent.
Ngige while responding to the ruling and notifying the court of intention to appeal also complained seriously to the court that copies of the ruling against APC/Ngige on February 19, 2014 who sought to bring in the report of the inspection to INEC office have not been availed by the Tribunal.
He appealed to the Tribunal to make the certified true copies of today’s ruling in good time, because according to him the period for appeal starts from the date of ruling’.
In his own reaction, counsel for PDP,Clement Ezika,Esq.thanked the Tribunal for its ruling and announced that he would discuss with his seniors to know the next step to take in the matter’
Apparently waving aside a comment by Osita Nnadi,SAN counsel for APGA that once a Tribunal rules, every other matter is a registry matter’ Justice Bello appealed for patience ,as ‘every copy of the ruling that goes out as certified true copy’ ought to be proof-read by the judges.
In another development the court today adjourned first for about one-hour and later till Wednesday next week following the inability of the court to reckon with an outstanding application against the petition of Dr Chike Obidigbo.
When the matter was raised by Onyebuchi Ikpeazu,counsel for Obiano the processes were no where to be found, a development which compelled the Tribunal to again vary its program to end all preliminary issue today by referring till Wednesday for hearing and ruling on the application.
Justice Bello also invited all parties to file the issues for determination in the trial of the substantive matter which begins after Wednesday next week.
