PDP Vs Okorocha: Appeal Court Begins Hearing Jan 5

The Appeal Court sitting

in Owerri has reserved January 5, 2012 for definite hearing in an appeal filed by the PDP against the judgment of the Imo Governorship Electoral Petition Tribunal.

The tribunal had upheld the election of Gov. Rochas Okorocha, the candidate of the All Progressive Grand Allaince (APGA) in the April 26/May 6 2011 poll which was challenged by the PDP.

The appeal was mentioned on Thursday and hearing adjourned to January, following a motion for extension of time filed by counsel to the Independent National Electoral Commission (INEC) and eight other respondents.

Chief Wole Oladipekun (SAN) lead counsel for the appellant while Chief Niyi Akintola (SAN) was the lead counsel for Okorocha and APGA.

Mr Usman Leman (SAN) led other counsel for INEC and other respondents in the appeal before the five-man court, presided over by Justice Tijani Abubakar.

The PDP appealed the tribunal’s judgment on the grounds that the Justice E.N. Kpojime-led tribunal erred in law, by holding that there was no election in Ngor Okpalla, Ohaji/Egbema, Mbaitoli and Oguta Local Government Areas.

The appellant, among other grounds, challenged the tribunal’s decision that the May 6, 2011 repeat governorship election in the three council areas except Oguta, was a continuation of the April 26 2011 election.

The party, which fielded former Gov. Ikedi Ohakim insisted that the May 6 supplementary election was a fresh one because it was not conducted within time as stipulated in the Electoral Act 2010 as amended.

INEC had declared the April 26 election in Imo inconclusive, following the wide-spread election malpractice in the four council areas which led to the nullification of the exercise in the affected areas.

The commission organised a supplementary election on May 6 and declared Okorocha winner for securing the highest number of votes and wining in two-thirds of the 27 council areas of the state.