The Appeal Court commences suit seeking to sack Chime

The Court of Appeal, Abuja Division, on Friday commenced
hearing in a suit seeking to remove Governor Sullivan Chime
of Enugu State from office.
In the appeal, a chieftain of the Peoples Democratic Party in
the state, Chief Alexander Obiechina, is challenging the
refusal of an Abuja Federal High Court to nullify the
nomination process that led to Chime's emergence as the
candidate of the Peoples Democratic Party on April 26, 2011.
Obiechina is asking the appellate court to determine whether
there was a valid special congress or primary election held in
Enugu State on January 12, 2011, in which Chime was
nominated as the PDP candidate.
Insisting that the laid down conditions for the nomination of
candidates for governorship positions, as enshrined in sections
85(1) and 87(1)(4)(b) of the Electoral Act 2010 (as amended),
were not fulfilled when Chime emerged, Obiechina is arguing
that January 9, 2011, was the valid date set for the
governorship primaries in Enugu State.
Obiechina has asked the appellate court to nullify the primary
election and order Chime to vacate the office forthwith.
At the commencement of hearing in the matter on Friday, the
panel of justices of the Court of Appeal granted an application
in which Obiechina's counsel, Oba Maduabuchi, asked it to
proceed to determine the matter even though one of the
respondents, the Independent National Electoral Commission,
was yet to file its brief and relevant processes.
Maduabuchi noted that INEC failed to file and serve any brief
or application for extension of time in respect of the appeal.
INEC's withdrawal from the suit was not surprising, as the
Commission had frowned at Chime's nomination while the
suit was before the Abuja FHC.
Chime's lawyer, Mrs O. J. Offia, and that of the PDP, O. K.
Akuyibo, did not object to the appellant's wish to leave out
INEC in the appeal.
However, PDP lawyer, Akuyibo, vehemently opposed the
court's jurisdiction to hear the appeal.
"This is not a proper case where the court can invoke its
powers under Section 15 of Court of Appeal rules for the
simple reason that the trial had declined jurisdiction over the
appellant's suit," he argued, adding that the subject matter of
the appeal was to determine whether the Abuja FHC was right
or not to decline jurisdiction in the case.
The Court of Appeal also granted another application in which
the appellant's lawyer sought to withdraw prayer one in his
motion paper, which required the appellate court's invocation
of Section 15 of the Court of Appeal Rules to enable it
assume jurisdiction over the matter as court of first instance.
But the court asked Maduabuchi to get prepared to address it
on the interpretation and provision of Section 141 of the
Electoral Act as amended, in the event that the court agrees
with his submissions.
"Assuming we agree with you, can we after an election, going
by a Supreme Court decision based on Section 141 of the
Electoral Act, make you occupy the position of governor in an
election you did not participate?," the panel, which was led by
Justice M. D. Dongban-Mensem, asked the appellant's
counsel.

Via: Punch