Imo Governorship: Ohakim Goes To Supreme Court

Source: Independent Newspaper Published:Monday, January 25th, 2010

Governor of Imo State, Ikedi Ohakim, has gone to the Supreme Court to challenge the Court of Appeal, Abuja Division, judgment, which directed that the case filed by All Progressive Grand Alliance (APGA) governorship candidate in Imo, Martins Agbaso, challenging cancellation of the April 14, 2007, governorship election be heard afresh on merit.

Ohakim in his appeal maintained that the Federal High Court, where the case was filed, had no jurisdiction to entertain the case. His argument was upheld at the high court.

However, at the Court of Appeal, it was held that the case could be heard by a high court. The appellate court therefore, ordered that the parties go back to the Federal High Court for a re-trial.

However, Ohakim is dissatisfied with the decision of the appellate court and has gone to the apex court.

In a copy of the notice of appeal, Ohakim said he was dissatisfied with the judgment on 13 grounds.

He said the judgment did not deal with all matters he complained against.

He also said, “This appeal raises a fresh issue that as the Federal High Court had no jurisdiction to hear the originating summons, the Court of Appeal had no jurisdiction to entertain the appeal therefrom.”

He contended that the Court of Appeal erred in law when it assumed jurisdiction to hear the appeal, when the originating process in the high court from which the appeal arose was incompetent.

Ohakim asked the Supreme Court to set aside the decision of the Court of Appeal or in the alternative to remit the matter to another panel of the Court of Appeal for re-hearing.

No date has been fixed for hearing the appeal.

In the case that resulted in the appeal, Agbaso is challenging the cancellation of the election held on April 14, 2007, by the Independent National Electoral Commission (INEC).

He had claimed that he won the election and that INEC cancelled it because it was clear to it that its favoured candidate was losing the election.

Agbaso said he ought to be declared winner of the governorship election in Imo state.

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