APGA loses petition against PDP Reps in Ihiala

APGA loses petition against PDP Reps in Ihiala

Monday, July 6, 2015 3:42 pm


The Legislative Election Petition Tribunal for Anambra on Monday dismissed a petition challenging the election of Mr Anohu Chukwuemeka (PDP-Ihiala) for lack of diligent prosecution by the petitioners.

The Justice Nayai Aganaba-led tribunal dismissed the petition in a ruling delivered during its sitting in Awka.

The All Progressives Grand Alliance (APGA) and its candidate, Mr Chudi Momah, in the March 28 House of Representatives elections in Ihiala Federal Constituency had filed the petition challenging the victory of Chukwuemeka in the polls.

The tribunal in its ruling held that the petitioner was “substantially unprepared to pursue the case’’.

Justic Aganaba who delivered the ruling said that the motion filed by the Mr Osita Nnadi (SAN) on behalf the respondent, seeking the dismissal of the petition for want of diligent prosecution succeeded.

He said the provision of Order 18 Rule 11 of the First Schedule to the Electoral Act, 2010 which the lawyer had premised his application for dismissal of the petition was tenable and sufficed.

Prior to the tribunal’s decision, counsel to the petitioner, Mr Peter Afuba, had urged the court to suspend the ruling in the interest of justice.

Afuba, who came into the court when the ruling was about to be delivered pleaded that the matter be adjourned to enable him reply to the motion.

He argued that he did not come to the tribunal with his files adding that he was misled by the adjourned date of hearing.

Responding to the oral application, Osita said that the tribunal’s ruling could not be arrested without a written application supported by affidavit by the petitioner’s lawyer.

Meanwhile, the tribunal has adjourned till July 15, the commencement of hearing in another petition filed by Mr Fort Dike of the All Progressives Congress (APC) against Chukwuemeka.

Dike and his party are seeking the nullification of the return of Chukwuemeka on the ground that the election in the constituency was marred by corrupt practices


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