Law News
Abia Gov election: Otti loses appeal

The Court of Appeal sitting in Owerri, yesterday struck out  the appeal  filed by the governorship candidate of All Progressives Grand Alliance, APGA, in the last governorship election, Dr. Alex Otti.

Otti’s appeal labeled No: CA/OW/EPT/GOV/5/2015, challenged the decision of the Governorship Election Petition Tribunal, sitting in Umuahia which refused him extension of time to call more witnesses in a petition he filed against Gov. Okezie Ikpeazu of the Peoples Democratic Party, PDP.

Delivering the unanimous judgment of the five-man panel, Honourable Justice Jimmy Bada affirmed that the court below did the right thing by refusing the extension of time sought by the applicant.

The judges reasoned that it would amount to waking up a dead person if, after the parties submitted final addresses, fresh witness are allowed.

“The application failed on the three issues presented before the court. It is also wrong for the applicant to fail to front load the pre-trial materials from the lower tribunal,” the judges said.

Continuing, Justice Bada said that the non-front loading of the pre-trial materials amounted to acceptance of the decision of the court below,” adding that the Appeal Court can only decide on any matter based on the evidence before it.

He agreed with the argument by the counsel to the first respondent, Chief Wale Olanipekun, SAN, that the decision to file appeal by the applicant was a mere academic exercise.

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