Appeal Court strikes out suit on Anambra Central re-run election
Appeal Court
THE Abuja Division of the Court of Appeal on Tuesday put an end to the legal moves to stop the Independent National Electoral Commission (INEC) from conducting the last Saturday re-run election for the Anambra Central Senatorial District of Anambra State.
Two motions on notice filed by Senator Annie Clement Okonkwo through his counsel, Solomon Umoh (SAN) were dismissed yesterday by Justice Abubakar Datti Yahaya of the Court of Appeal.
Although the motions filed against INEC and six others were billed for hearing, Senator Okonkwo told the court that he was no longer interested in the suit.
His counsel at yesterday’s proceedings Mr Abel Ozioko told the three-member appeal of Court of Appeal Justices that Okonkwo had instructed him to do away with the motions since the election he sought to stop had been conducted by INEC.
The decision to withdraw the motion made Patrick Ikwueto (SAN) angry and he asked the court to impose a cost on Okonkwo for allegedly approaching the court with frivolous motions to scuttle the re-run election, adding that Okonkwo’s ultimate aim was to stop the last Saturday election and not that he has anything at stake.
He, however, did not object to the withdrawal of the motions.
Counsel to INEC, Malam Alhassan Umar aligned himself with Ikwueto’s submissions that Senator Okonkwo is fined for filing the motions.
Justice Yahaya, however, dismissed the motions without cost against the appellant.
Recalled that Okonkwo had last Thursday prayed the appeal court to stop the last Saturday re-run election to enable him file a notice of appeal against the judgment of the court delivered on November 20 last year which ordered INEC to conduct in the run into the Anambra Central Senatorial District, without the participation of the Peoples Democratic Party (PDP).
The appeal court, however, refused to grant the prayers to stop the poll, which was conducted and Chief Victor Umeh, a former National Chairman of the All Progressive Grand Alliance (APGA) was declared winner of the poll having scored highest votes in the election in which the PDP was barred from participating by INEC on the order of the Court of Appeal.