Politics

October 12, 2013

Anambra 2013: Ukachukwu remains PDP candidate as Appeal Court stays proceedings

Anambra 2013: Ukachukwu remains PDP candidate as Appeal Court stays proceedings

Prince Nicholas Ukachukwu

BY EGUFE YAFUGBORHI
A Federal Court of Appeal sitting in Port Harcourt has suspended hearing two related matters by the Peoples Democratic Party and Tony Nwoye seeking to upturn the candidacy of Nicholas Ukachukwu under the PDP for next month’s Anambra State Governorship election.

The court took the decision to allow the Supreme Court to hear an appeal by the respondent (Ukachukwu) demanding the Appeal Court panel to disqualify itself from hearing the case on ground that it had received bribe from a party in the case.

Prince Nicholas Ukachukwu

Prince Nicholas Ukachukwu

Prince Nwafor Orizu, Counsel to Ukachukwu had asked the court to grant a Stay of Proceedings to enable the Supreme Court hear his appeal against the Appeal Court’s dismissal of his motion for the Appeal Court’s panel disqualification of itself from hearing the substantive appeals.

He argued that Order 8 Rule 10 of the Supreme Court forbids the Appeal Court from further hearing on any aspect of the matter until determination of the Supreme Court’s appeal.

Prof. A.I. Chukwuemerie and other appellants counsels had countered that the application was misplaced and aimed to stop delivery of a set judgement by the Appeal Court which has concluded address on the matter, adding that the respondents were working on delaying the case to their favour in view of the coming elections.

The Appeal Court presided over by Justice Ejimbi Eko consequently ruled to wait till determination of the Supreme Court’s appeal before considering the set judgement on the matter before it.

Justice Eko said, “We cannot close our eyes to the appeal filed at the Supreme Court”, adding that they will have to wait till its determination before deciding on progress at the Appeal Court.

The court however dismissed a related application for stay of execution by one Chief Obuigbo whose earlier application to be joined in the matter had been refused by the court.