News
How Soberekon Suit Crashed
The Court of Appeal sitting in Port Harcourt, last Wednesday, struck out the appeal brought before it by the governorship candidate of the Accord Party, Chief Bekinbo Soberekon, which sought to challenge the declaration of Rt Hon Chibuike Amaechi of the Peoples Democratic Party as winner of the April 14, 2007 governorship election in Rivers State.
In a unanimous judgement read by Hon Justice Kate M.O.Kekere-Ekun, the Appeal Court said that Soberekon’s suit number CA/PH/391/2007 brought against Governor Amaechi was incompetent , in that since the lower tribunal which ought to entertain the application did not set aside its order of refusal of the petition, the appellate court shall have no jurisdiction to do so and accordingly struck out the case.
The Appeal Court further held that the appellant failed to appeal against the order dismissing the petition at the lower tribunal.
It maintained that the inability of the appellant to participate in the proceedings of the tribunal rendered the court incompetent to critically look into the matter again.
The presiding judge, Hon Justice Abubakar Jega and three other members of the court, Justice T. Abdullahi, Justice H. Oginiwamiju and Justice M. Owoade agreed with Kekere-Ekun that the appeal be struck out while the sum of N30,000 was awarded to the respondents as costs.
The Court of Appeal had earlier in the day upheld a motion brought before it by Chief Soberekon seeking the amendment of the Appeal before it to reflect the name of Rt Hon Chibuike Amaechi in the appeal.
Ruling on the said motion, the presiding judge, Hon Justice Abubakar Jega said the court decided to grant the motion because it found out that it has no effect on the appeal before it.
Speaking with newsmen shortly after the judgement, counsel to the Accord Party candidate, Mr Golden Tamuno commended the Appeal Court for the pains it took to handle the matter.
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