Abuja – The Supreme Court on Tuesday fixed Nov. 13 to hear an application seeking the nullification of the court’s judgment which upheld the election of Peter Obi as governor of Anambra  in 2007.

The apex court had on June 14, 2007 declared Obi, who contested the election on the platform of APGA, duly elected to occupy the office of the governor till March 17, 2010.

The court further ordered that the incumbent governor, Chief Andy Uba of the PDP should vacate office.

Justice Katsina Alu had held that INEC erred in law by conducting election in Anambra when Obi’s tenure had yet to expire.

However, Mr Ifeanyichukwu Okonkwo, the applicant, approached the apex court, asking it to set aside the judgment, as according to him, the applicant in Obi’s case shut him out of the matter.

He argued: “I was not served with either the hearing notice or any other processes by Obi before the judgment was given even though I was a party’’.

Okonkwo is therefore praying the court to set aside the judgment on the grounds that he was not given fair hearing in the matter.

Nevertheless, Obi, had through his Counsel, Chief Onyechi Ikpeazu (SAN) in the preliminary objections, argued that the application was an academic exercise and should not be heard.

He claimed that the application had no life in it as the tenure of the governor which was being contested expired in 2010.

He added that the application had no bearing with the present tenure of the governor.

The parties were allowed to argue the application substantially before an observation concerning the impropriety of the panel was raised.

Justice Walter Onneghen, who presided over the case, held that the panel was not properly constituted as one of justices participated in the adjudication of the case at the Court of Appeal.

“It is clear that the matter is not properly constituted. It is indeed unfortunate as one of us participated in the matter at the lower court.

“In the circumstance, we shall adjourn the matter to another date when parties will appear again to argue their stands.

“Parties are therefore ordered to file and exchange processes within 14 days and respondents who are not here should be put on notice. The application will be heard on Nov.13. (NAN)