I'm not part of Anambra Senatorial re-run - Chris Ngige

I'm not part of Anambra Senatorial re-run - Chris Ngige

The coast was Friday cleared for the conduct of the Anambra Central Senatorial election following, the setting aside of a Federal High Court judgment that directed the inauguration of Dr. Obiora Okonkwo as the lawful candidate for the vacant Anambra Central Senatorial seat at the National Assembly.

The judgement which was delivered on December 13th, 2017 directed the Senate President to swear-in Okonkwo of the Peoples Democratic Party (PDP) as the elected Senator.

Tsoho vacated the judgment and set it aside on the grounds that Okonkwo misled the court to get the consent judgment.

It is in the light of the above that I state categorically that any election held in Anambra Central Senatorial District tomorrow, being January 13, 2018, would amount to a nullity as we shall be challenging whatever predetermined outcome is announced.

Justice Tsoho added that he was liable to set aside the earlier judgment, because it was not based on merit.

INEC had approached the court, asking it to set aside its consent judgment, so as to enable it conduct the re-run election in the said district, as ordered by the Appeal Court.

He added, "By the doctrine of judicial precedence, the decision of the Court of Appeal is ordinarily binding on this court in respect of this matter".

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He therefore submitted that his court being a lower court, is bound by the decision of the appellet court in the instant case.

Justice Tsoho explained that the consent judgment is not on merit and can not stop his court from assuming jurisdiction.

According to Justice Tsoho, that Okonkwo was not a party to the case was immaterial so far his party, PDP, on whose platform he contested the said election filed appeal.

Justice Tsoho held that Okonkwo had concealed the fact that he and his party, the PDP, were parties to the suit at the Appeal Court.

According to the judge, John Tsoho, the judgement which was strongly relied upon by Okonkwo's lawyer, can not be regarded as a final judgment on the matter.

Hon argued that the case of his client bordered on the pre-election dispute, in contrast to the election petition dispute which the Court of Appeal ruled on.

"My party, the APC and INEC are in the Court of Appeal Abuja over this obnoxious & illegal action of INEC with hearing on the matter fixed for 23rd of January which is still within the armbit of 90days ordered by court, only for the INEC to fix an "election" for 13th in order to give an unfair advantage to the APGA candidate to go "unopposed".

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