Anambra Guber: Obiano Cross-appeals in Supreme Court, Ngige, APC Object

Anambra State Governor, Chief Willie Obiano, has filed a cross-appeal at the Supreme Court disagreeing with some aspects of the judgment of the Court of Appeal, Enugu Division, which ruled in his favour, dismissing four petitions against his election.

Senator Chris Ngige and All Progressives Congress (APC) whose joint appeal at the Enugu court was dismissed on the same day with three others, had since appealed at the Supreme Court.

The five-man panel of the Court  Appeal led by Justice Lawal Garba Mohammed had on July 26 dismissed the petition filed by Ngige and the APC and the Peoples Democratic Party (PDP) and its candidtate, Tony Nwoye.

In the cross-appeal, Obiano is contending that the appellate court ought to have held that the only grounds to determine the issue of qualification for elections are those provided by Secton 177 and 182 of the 1999 Constitution.

However, Ngige and his party are contending through the tribunal to the Appeal Court and now the Supreme Court that Obiano is not qualified to contest the gubernatorial election, having ‘submitted a forged document to INEC as part of his prequalification.

The petitioners, now appellants at the Supreme Court are contending that by virtue of the fact that Obiano committed multiple registrations on the voter register, all subsequent documents; including voter cards for registrations after the first, are forged documents, having not been procured legally.

But Obiano asked the Enugu appellate court to hold that the issue of qualification of a candidate to contest gubernatorial elections is limited to Sections 177 and 182 as provided in the to the exclusion of any other ground, an argument which was not upheld by the appellate court, prompting the latest cross-appeal.

But the legal team of Ngige and APC led by Olurotimi Akeredolu have raised a preliminary objection  on the basis that the cross appeal was filed out of time, asking the apex court to strike it out.

Citing the Supreme Court Practice Direction for filing of election appeals and cross-appeals, which according to them provides 14 days for filing of a cross appeal, Ngige and APC legal team noted that whereas the Appeal Court judgment was given on July 26, Obiano’s cross-appeal was filed on August 11.

The  Ngige/APC’s  appeal is founded on 21 grounds ,including ‘admitted facts’ that the register used for the conduct of the 2013 was reviewed three days to the election ,contrary to the provisions of the Electoral Act which provides for 60 days to the election and 30 days for the final copy.

Also prominent on the grounds of appeal is the decision of Appeal Court to resolve the issue of INEC staff not being administered with Oath of Neutrality in line with Section 28 of the 2010 Electoral Act, an issue which the Appeal Court discountenanced and resolved against the appellants.
Ngige and APC are also asking the Supreme Court to hold that the preliminary objection raised by the parties against Obiano’s brief of argument in the Appeal Court ‘for being filed out of time’ ought not to have been resolved din favour of Obiano.

Obiano is yet to respond to the latest objection against his cross-appeal.
No date has been fixed for hearing.