The Court of Appeal in Abuja has ordered the prompt hearing of the suit which the immediate-past governor of Imo State, Rochas Okorocha, filed before the Federal High Court in Abuja, to challenge the Independent National Electoral Commission’s refusal to issue to him a certificate of return as the senator-elect for the Imo West Senatorial District.
The court validated the day-to-day hearing the Federal High Court had been giving the suit before some interlocutory appeals arose from the case.
Justice Okon Abang of the Federal High Court, Abuja had, on May 22, 2019, adjourned proceedings in the case filed to await the Court of Appeal’s decision in the motion for stay of proceedings filed by a defendant in the suit, Osita Izunaso.
But at the May 27 proceedings, the court struck out some motions impeding the hearing by the Federal High Court and commended the Justice Abang’s approach to the hearing of the suit.
The court struck out two motions filed by Izunaso; one for leave to appeal an interlocutory decision of the trial court, and the other, for an order staying proceedings at the Federal High Court pending the determination of the appeal.
The court struck out both motions after lawyer to Izunaso, Edidem Ani, applied to withdraw them on realising that they were defective.
In the ruling by a three-man panel, led by Justice Stephen Adah, the court held, “Since there is no opposition to the request for the withdrawal of the motion for stay filed on 17/5/2019, it is hereby struck out, having been withdrawn.
“Under Rule 10(c) of the Practice Direction of this court 2013, this court is mandated to order accelerated hearing of the case at the lower court.
“But, since we have been informed that the lower court has been hearing the case day to day, there is no need to order a fresh accelerated hearing.
“The day-to-day hearing, as it is presently done by the lower court, is commendable and it should continue. That is the order of this court.”
Other members of court’s three-man panel that gave the ruling are Justices Emmanuel Agim and Mohammed Idris.
Izunaso is, by his appeal, challenging the jurisdiction of the Federal High Court, Abuja to hear Okorocha’s suit.
In the suit, Okorocha argued that INEC lacked the statutory powers to withhold his certificate of return, because he was validly elected to occupy the senatorial seat.
Okorocha prayed the court to declare that INEC acted in error when it refused to recognise him as the winner of the senatorial election in Imo West District, even after the Returning Officer had declared that he won the election.