By  GABRIEL ENOGHOLASE

BENIN—Moves by Delta State governorship candidate of Democratic Peoples Party, DPP, in the April 26, 2011 governorship election, Chief Great Ogboru, to stop the Court of Appeal, Benin, from advancing its reasons for its judgment of January 5, 2012 upholding the election of Dr. Emmanuel Uduaghan as governor of Delta State was, weekend, overruled by the court.

Counsel to Chief Ogboru, Nichole Icheko, had, through a motion, asked the court to decline jurisdiction to give reasons for its judgment delivered on January 5, 2012, as the time allowed for hearing and determination of appeals had since lapsed.

He contended  that the appellate court no longer had jurisdiction to give reasons for its judgment of January 5, until the Supreme Court adjudicated on the issue, adding that the time for the court to hear the appeal and dispose of it had elapsed on January 9, 2012.

Opposing the motion, Mr. Ken Mozia (SAN), counsel for the first respondent, said the motion was incompetent and an abuse of court process.

He said the essence of the application was to stop the day’s proceeding, which was tied to the judgment of January 5, adding that the application was self-serving, invalid and inconsistent with section 285, sub section 8 of the constitution.
He urged the court to disallow it and proceed to give its reasons, which the court did.