By Innocent Anaba
Democratic Peoples Party, DPP, governorship candidate in Delta State for the April 2011, general elections, Chief Great Ogboru, has asked the Supreme Court, Abuja, to reverse its judgment of March 2, 2012, which he argued, nullified the Court of Appeal judgment in the consolidated appeals, but failed to make consequential orders.

Ogboru, who is challenging the declaration of Dr Emmanuel Uduaghan of Peoples Democratic Party, PDP by Independent National Electoral Commission, INEC, as winner of the governorship election, had contended that the lower tribunal erred in law by upholding his (Uduaghan) election. The Court of Appeal also upheld the decision of the tribunal.

Ogboru is asking the apex court to direct that the said consolidated appeals be determined on their merit, either by the Supreme Court or the Court of Appeal, by a different panel of Justices.

Urging the court to revisit its judgment, he argued: “On March 20, 2012, this court, as per the lead judgment in the consolidated appeals, delivered by Justice I. Muhammad, declared the judgment of the Court of Appeal null and void. Instead of allowing appellants appeal and making the necessary consequential orders, the court struck out the said consolidated appeals.

“Justice W.  Onnoghen, who presided, however, in his concurring judgment, allowed the appeal and held that he was abiding “by all the consequential orders made in the said lead judgment, including the order as to cost.

“Justice Onnoghen meant that the appellants consolidated appeals were indeed allowed; consequential order(s) were indeed made or supposed to have been made in favour of the success of the appellants appeals.”