In a bid to ensure that justice is served on all the parties in the Abia
state governorship logjam, one of the governorship aspirants who contested
the December 8, 2014 PDP primaries in the state, Chief Friday Nwosu, has
urged the Supreme Court to merge his appeal which is still lying at the
Court of Appeal, Owerri, with the appeals against the judgment of the
Justice Morenike Ogunwumiju panel which affirmed the election of Dr. Okezie
Ikpeazu, as the governor.
Nwosu who stated this in a telephone interview with Pointblanknews.com
stated that the two appeals over the state governorship position are between
the same parties, same subject matter as well as same reliefs, called on
the Supreme Court to intervene and consolidate the appeals since the
contradictory decisions of the two Divisions of the Federal High Court
caused monumental national embarrassment to the nation’s judiciary and near
anarchy in Abia state.
He appealed to the apex court to consolidate and deliver judgment on all
appeals lying at different courts on the Abia governorship logjam, adding
that it will serve the best interest of justice if Appeals Nos.
SC/717/2016, SC/719/2016 and SC/739/2016, lying at the Supreme Court, are
heard together with his appeal, CA/OW/190/2016 pending at the Court of
Appeal, Owerri, to avoid rendering it an academic exercise.
While lamenting that his appeal had suffered several delays and ought to
have been decided and appeals moved to the Supreme Court, the PDP chieftain
said, “If the Supreme Court does not intervene under Sections 17 and 22 of
the Supreme Court Act as I prayed, Appeal No. CA/OW/190/2016 will be
rendered an academic exercise and thereby denying me the right to fair
hearing. All the materials required for the determination of the Appeal are
contained in the Records of Appeal already compiled and transmitted to
court of Appeal, Owerri Division in Appeal No.CA/OW/190/2016, Sir Friday
Nwosu vs. PDP and 3 others. Suit No. FHC/ABJ/CS/71/2016 i.e. CA/A/390/2016,
CA/A/390A/2016 and CA/A/390B/2016 had been heard and determined at the
Court of Appeal, Abuja on 18/8/2016 while my appeal ,CA/OW/190/2016 is
still being delayed and pending at the Court of Appeal, Owerri.
In the alternative, I pray the Supreme Court to direct the Panel of
Justices of the Court of Appeal already sitting at Owerri to hear and
determine the Appeal No.CA/OW/190/2016 between Sir Friday Nwosu vs. PDP & 3
ors to hear and determine the said Appeal expeditiously so that any appeal
from their decision might be brought to the Supreme Court before the
commencement of hearing in the Appeal Nos.SC/717/2016, SC/719/2016 and
SC/739/2016 pending before the Supreme Court.”
Sources told Pointblanknews.com that a five man panel of the Court of
Appeal sitting at Owerri, led by Justice R.C. Agbo, set up to hear the
appeals lodged by Nwosu and Ikpeazu on the judgment of the Federal High
Court, Owerri, delivered by Justice Allagoa, has adjourned to October, 20,
2016.