December 08, (THEWILL) – The Supreme Court on Thursday, declared Barrister Ikenga Imo Ugochinyere, as the authentic Peoples Democratic Party (PDP) candidate for Ideato North and South Federal Constituency, in Imo state.
A five-member panel of Justices of the Supreme Court gave the judgement on the appeal marked SC/CV/1439/2022, which had, the PDP, INEC, Mrs Chidimma Uzomba and Anthony Obinna, as respondents, filed by Hon. George Igbo (appellant), challenging the decision of the Court of Appeal, Owerri Division.
In dismissing the appeal by Hon. Igbo, the Supreme Court upheld the preliminary objections raised by Ugochinyere and the PDP, and agreed with the decision of the court below, noting that, “The abysmal failure and/or refusal of the Appellant’s counsel to compile (sic) with the rules of procedure in prosecuting the Appeal and indeed abandoned same.
“The Appellant filed his notice of appeal at the lower court on the 9th day of September 2022, within the 14 days period from the date of Judgment of the trial court as provided by the Electoral Act 2022 and Section 285(9) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
“Section 9 of the Election Judicial Proceedings Practice direction, 2022, mandatorily provided that the Record of Appeal shall be compiled and served on all the parties not more than ten days of the receipt of the Notice of Appeal.
“The Notice of Appeal at the lower court was filed on the 9th day of September 2022. The Record of Appeal was compiled on the 19th day of September 2022, eleven days after the notice of appeal was filed. One day out of time. See the admission of the appellant on page 1639 of the Record of Appeal Vol. 3.
“The said record of appeal was served on the parties on the 19th day of October 2022, 40 days after the Notice of Appeal was filed against the clear provision of Section 9 of the Election Judicial Proceeding Practice Directions 2023.”
In upholding the Respondents’ objections, the Supreme Court admitted that by the provisions of Section 285 (12) of the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No. 21) Act, 2017, it is provided that, “An appeal from a decision of a Court in a pre-election matter shall be heard and disposed of within 60 days from the date of the filing of the Appeal.
In addition, the Supreme Court held that the Lower Court of Appeal did not determine the Appeal within the constitutional period of 60 days, “hence there was no pending Appeal relating to the merits of the case before this Honourable Court”.
