The Supreme Court on Tuesday ordered the Port Harcourt Division of the Court of Appeal to go ahead with proceedings in the appeal filed by Mr. Tony Nwoye against the judgment of a Federal High Court which affirmed Chief Nicholas Ukachukwu as the candidate of the Peoples Democratic Party in the November 16 governorship election in Anambra State. Ukachukwu and Nwoye are engaged in a legal battle to determine who will represent the PDP in the November 16 governorship election in Anambra State. Ukachukwu had asked the apex court to order the Court of Appeal to stay proceedings in the appeal brought by Nwoye. But after hearing the plaintiff’s motion, a panel of justices of the Supreme Court, led by Justice Walter Onnoghen, dismissed the application and ordered the appellate court to go ahead with the proceedings. The Court of Appeal had suspended proceedings in the appeal to await the Supreme Court’s decision on the motion in which Ukachukwu sought to stop the appeal on the grounds that the panel of justices of the appellate court was biased. His lawyer, Mr. Nwafor Orizu, had asked the justices on the Court of Appeal to disqualify themselves from hearing the appeal because of the alleged bias on their part. But the Supreme Court did not find merit in the case, and as a result, ordered the appellate court to hear Nwoye’s appeal. The development means that the controversy surrounding the identity of the PDP candidate in the forthcoming governorship poll has yet to be resolved
Posted on: Wed, 23 Oct 2013 04:10:18 +0000
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