Health Care

Court Sets Aside Own Judgement On Anambra Central Senatorial Seat

Court Sets Aside Own Judgement On Anambra Central Senatorial Seat”

The candidate of the Peoples Democratic Party (PDP) for the Anambra Central Senatorial district, Dr. Obiora Okonkwo, said the judgment of the Federal High Court vacating it's earlier consent judgment that was entered in his favour can not stand as he has vowed to challenge it at the Court of Appeal.

Justice John Tsoho ruled that he was misled by Okonkwo to give the judgment.

The statements reads: "Today, the 12th of January, 2018, the Federal High Court in Abuja set aside a consent judgment in my favour in which parties to the suit, including the Peoples Democratic Party (PDP), conceded that I was the right candidate in that election and as such is entitled to the Certificate of Return".

Okonkwo, had in December, 2014 filed the suit of pre-election matter following his substitution with Uche Ekwunife as the PDP candidate at the primary of December 7, 2014.

The All Progressives Grand Alliance (APGA) has commended the Independent National Electoral Commission (INEC) for its decision to go ahead with the proposed January 13 Anambra Central Senatorial rerun election.

Delivering the judgment, Justice Abubakar Yahaya held that the earlier order made on November 20, 2017 directing INEC to conduct election for the senatorial seat within 90 days could not be reversed.

The judge had by its judgment delivered on December 13, 2017, ordered INEC to issue fresh Certificate of Return to Okonkwo and directed the Senate President, Dr. Bukola Saraki, to immediately swear him in to occupy the seat that had been vacant since 2015.

He insisted that the application was incompetent in law.

"What Dr Obiora Okonkwo succeeded in doing at the Federal High Court was to establish that he was the rightful candidate, " Obi-Okoye told NAN.

"Remember that at the High Court level, because there is another court of coordinate jurisdiction which determined that the PDP did not hold primary and that ruled that Mr Chike Maduekwe an aspirant in that contested be refunded his nomination form money".

He ruled, "The judgment entered by this court is a consent judgment rendered on the procedural ground without trial".

He therefore submitted that his court, being a lower court, was bound by the decision of the appellate court in the instant case. "It can not be described as a final judgment to strip the court of its jurisdiction to revisit it".

The Judge further stated that he was liable to set aside the earlier judgment because it was not based on merit.



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