By Tony Edike
ENUGUâ€”THE Court of Appeal, Enugu Division, yesterday, dismissed an appeal filed by Action Congress,AC, candidate for April 21, 2007, for Aguata federal constituency election, Mr. BenedethÂ Osude, challenging the declaration and return of Chukwuma Umeorji of Labour Party,LP, as winner of the election.
The AC candidate had appealed against the ruling of the Election Petition Tribunal which upheld Umeorjiâ€™s election, alleging that the lower court breached her right to fair hearing by refusing to hear pending applications she filed, on the grounds that they ought to be filed during pre-hearing.
But when the matter came up before a three-man panel of Justices of the Appeal CourtÂ yesterday, counsel to the appellant, S.C. Unachukwu made an application for the leave of court to enable him to withdraw the appeal with suit number: CA/E/EPT/28/08.
Responding, Counsel to the 1st respondent (Umeorji), Mr. O. Anumonye told the court that he had no objection to the application for withdrawal.
Ruling on the application on behalf of the three-man panel of Justices, Justice O. Lokulo-Sodipe, said that â€œthe appeal having been withdrawn is hereby dismissed.â€
The respondent counsel thanked the appellant counsel for withdrawing the appeal and commended the Justices for the ruling.