The Supreme Court on Tuesday struck out two appeals filed by Sen.
Seriake Dickson and the PDP against a suit seeking his disqualification
from contesting the concluded Bayelsa West senatorial election.
Dickson is appealing the Court of Appeal ruling which set aside a ruling
by the Yenagoa Federal High Court that dismissed a suit seeking to
disqualify him from running for the senatorial election.
Justice Mary Odili, who led five-member panel of justices, held that the
appeals lacked merit and struck out both appeals after Dickson and PDP
lawyers agreed to formally withdraw the appeals.
The apex court agreed with the lawyer to the first respondent (Owoupele
Eneoriekumoh), Pius Pius that, having earlier filed a notice of
withdrawal, he could no longer take further steps except to withdraw the
appeal.
“Once a party files a notice of withdrawal, the only further step such
an appellant could take is to formally withdraw the appeal, not to
abandon the withdrawal notice and seek to be heard on the same notice of
appeal.
Dickson had earlier applied to withdraw the appeal, but later changed
his mind and filed a motion, seeking to have the appeal heard.
Also while striking out the appeal by the PDP, the apex court noted that
the appellant filed a notice of appeal without specifying the judgment
of the Court of Appeal that was being appealed against.
However, the respondents objected the motion, arguing that, having
applied to withdraw for whatever reason, he could no longer change his
mind.
The Court of Appeal, Port Harcourt Division, had on Jan. 7, 2021 ruled
that the disqualification suit against Dickson was not statute barred
and should be given accelerated hearing by the Federal High Court.
The three-member panel disagreed with the Federal High Court’s decision
to dismiss the matter, saying the judgment of the lower court was wrong.
The panel presided over by Justice U. Onyemenam, explained the appeal
was based on whether by the provisions of Section of the Electoral Act
and Section 285 of the 1999 Constitution as amended, the originating
process of the applicant was statute barred.
He, however, said the suit was filed within 14 days beginning from the
publication of the particulars of the candidate by the Independent
National Electoral Commission (INEC)’’.
Justice Jane Inyang of the Federal High Court Yenagoa had thrown out the
suit filed by Owoupele for lack of jurisdiction declaring that the suit
was stature barred for being filed after the constitutionally stipulated
time to do so.
Owoupele’s lawyers lead by Pius Danba and Ebikebuna Augustine Aluzu had
proceeded to the Court of Appeal seeking the court to upturn the verdict
of the lower Court. (NAN)