The Supreme Court on Tuesday struck out two appeals filed by Sen.
\nSeriake Dickson and the PDP against a suit seeking his disqualification
\nfrom contesting the concluded Bayelsa West senatorial election.<\/p>\n
Dickson is appealing the Court of Appeal ruling which set aside a ruling
\nby the Yenagoa Federal High Court that dismissed a suit seeking to
\ndisqualify him from running for the senatorial election.<\/p>\n
Justice Mary Odili, who led five-member panel of justices, held that the
\nappeals lacked merit and struck out both appeals after Dickson and PDP
\nlawyers agreed to formally withdraw the appeals.<\/p>\n
The apex court agreed with the lawyer to the first respondent (Owoupele
\nEneoriekumoh), Pius Pius that, having earlier filed a notice of
\nwithdrawal, he could no longer take further steps except to withdraw the
\nappeal.<\/p>\n
\u201cOnce a party files a notice of withdrawal, the only further step such
\nan appellant could take is to formally withdraw the appeal, not to
\nabandon the withdrawal notice and seek to be heard on the same notice of
\nappeal.<\/p>\n
Dickson had earlier applied to withdraw the appeal, but later changed
\nhis mind and filed a motion, seeking to have the appeal heard.<\/p>\n
Also while striking out the appeal by the PDP, the apex court noted that
\nthe appellant filed a\u00a0 notice of appeal without specifying the judgment
\nof the Court of Appeal that was being appealed against.<\/p>\n
However, the respondents objected the motion, arguing that, having
\napplied to withdraw for whatever reason, he could no longer change his
\nmind.<\/p>\n
The Court of Appeal, Port Harcourt Division, had on Jan. 7, 2021 ruled
\nthat the disqualification suit against Dickson was not statute barred
\nand should be given accelerated hearing by the Federal High Court.<\/p>\n
The three-member panel disagreed with the Federal High Court\u2019s decision
\nto dismiss the matter, saying the judgment of the lower court was wrong.<\/p>\n
The panel presided over by Justice U. Onyemenam, explained the appeal
\nwas based on whether by the provisions of Section of the Electoral Act
\nand Section 285 of the 1999 Constitution as amended, the originating
\nprocess of the applicant was statute barred.<\/p>\n
He, however, said the suit was filed within 14 days beginning from the
\npublication of the particulars of the candidate by the Independent
\nNational Electoral Commission (INEC)\u2019\u2019.<\/p>\n
Justice Jane Inyang of the Federal High Court Yenagoa had thrown out the
\nsuit filed by Owoupele for lack of jurisdiction declaring that the suit
\nwas stature barred for being filed after the constitutionally stipulated
\ntime to do so.<\/p>\n
Owoupele\u2019s lawyers lead by Pius Danba and Ebikebuna Augustine Aluzu had
\nproceeded to the Court of Appeal seeking the court to upturn the verdict
\nof the lower Court. (NAN)<\/p>\n","protected":false},"excerpt":{"rendered":"
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…<\/p>\n","protected":false},"author":1,"featured_media":79094,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[4],"tags":[],"class_list":["post-79093","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-other-news"],"yoast_head":"\n