Anambra Central Senatorial District: Court sets aside own judgment

Court reverses judgment declaring Okonkwo as PDP senator

However, INEc had approached the same court, urging it to vary its judgment on the strength than an Appeal Court both in Enugu and Abuja, had ordered a rerun election within 90 days of judgment.

The statement read, "My attention has been drawn to a list by the Independent National Electoral Commission (INEC) which contains my name as a candidate in the rerun Anambra Central Senatorial Election being conducted Saturday, January 13, 2018".

But INEC, through its lawyer, Chief Adegboyega Awomolo (SAN), had filed a motion before the court contending that the court lacked the powers to order it to issue Certificate of Return to Okonkwo, when the Court of Appeal, which is higher in hierarchy, had earlier made definite orders that a fresh election should be conducted.

According to the judge, John Tsoho, the judgement which was strongly relied upon by Okonkwo's lawyer, can not be regarded as a final judgment on the matter.

He therefore submitted that his court being a lower court, is bound by the decision of the appellet court in the instant case.

The judge noted the three existing judgments from the Court of Appeal to which Okonkwo was a party.

"The consent judgment is hereby vacated and set aside", Tsoho held.

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The court further held that the decision of the Court of Appeal which had ordered a rerun election for the Senatorial zone within 90 days, being a superior court of record, was binding on the court.

Mr. Tsoho held that the actions of the respondent counsel in the suit, namely the Peoples Democratic Party, which resulted in the December judgement was questionable given the Appeal Court judgement which ordered a re-election without the inclusion of the party.

He also disagreed with Okonkwo that he was not a party to the Appeal Court case, saying the fact that Okonkwo was not a party to the case was immaterial so far his party, PDP, was.

"It is significant to note that I went to court in this present case even before the March 2015 National Assembly election".

"Unfortunately, the Federal High Court ruled otherwise today".

For the information of the General "Public and voters as well as my numerous supporters in Anambra Central Senatorial District, I'm not participating in the said election which can be described as a charade". Consequently, I have instructed my lawyers to proceed on appeal immediately.

"It is in the light of the above that I state categorically that any election held in Anambra Central Senatorial District tomorrow, being January 13, 2018, would amount to a nullity as we shall be challenging whatever predetermined outcome is announced".

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