Court reserves ruling on Sekibo’s appeal

Th e Court of Appeal sitting in Abuja, fi xed judgment on adate to be communicated to parties in an appeal brought by Senator GeorgeTh ompson Sekibo, challenging his removal as the lawmaker representing River East constituency at the National Assembly. Th e Rivers State Election Petition Tribunal, had, in a judgment delivered last June, ordered the removal of Sekibo as the senator representing the people of Rivers East constituency at the National Assembly. Chairman of the tribunal, Justice Goddy Anunihu, in the judgment, also ordered the immediate replacement of Sekibo with Andrew Uchendu of the All Progressives Congress (APC), which the court held as winner of the senatorial election. Th e tribunal also directed the Independent National Electoral Commission to withdraw the Certifi cate of Return it issued to Sekibo and issue a fresh Certifi cate of Return to Uchendu.

Th e court predicated its decision on grounds that Uchendu won the lawful majorityvote cast during the Rivers Re-run legislative election. Also,the tribunal cited substantial non compliance with the Electoral Act and INECguidelines for arriving at its decision. Not satisfi ed with the judgment of the tribunal, Sekibo approached the appellate court to upturn the decision of the tribunal. Th eappeal with Appeal number: CA/A/ EPT/487/2017, dated 20th July 2017and fi led same day by his counsel, Emmanuel Ukala SAN contains 23 grounds upon which the judgment of the tribunal is been challenged. When the matter was mentioned both Senator Sekibo and Uchendu were present in court. While D. C. Denwigwe, SAN, adopted and relied on his written brief for his argument and urged the tribunal to allow the appeal, counsel to the fi rst respondent, Lateef Fagbemi SAN, adopting and relying on his written addresses, urged thecourt to dismiss the appeal. Counsel to the second respondent –APC, Roland Otaru SAN, similarly, in his argument, urged the court to dismiss the appeal for lacking in merit. However counsel to the third and fourth respondents; INEC and PDP did not oppose the appeal. Th e court arrived at the decision after counsel representing parties in the suit adopted their respective written briefs for their arguments After listening to the argument of the both parties, the three-man panel headed by Justice Adamu Jauro, announced that judgment in the appeal would be given in a dateto be communicated to parties in the matter. Th e appeal was among the fi fteen appeals arising from the decision of the Rivers State Elections Petition Tribunal entertained by two courts in the Abuja Division of the Court of Appeal. Th e courts however reserved judgement in all the appeals to a date to be communicated to parties.

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