Appeal Court throws out Uba, PDP’s application

Sylvanus Eze, Awka - 18.07.2008

The Court of Appeal sitting in Enugu, Enugu State, on Thursday dismissed an application brought by Dr. Andy Uba and the Peoples Democratic Party (PDP) seeking to set aside the court’s earlier judgment.

The court on May 22, 2007 in an appeal brought by Governor Peter Obi of Anambra State, ruled against the judgment of the Federal High Court also sitting in Enugu declining jurisdiction to interpret the governor’s tenure.

The Court of Appeal had dismissed the appeal but its decision was set aside on June 14, 2007 by the Supreme Court following an appeal by Governor Obi.

Uba, the PDP and the Independent National Electoral Commission (INEC) later applied to the Supreme Court to set aside its own judgment which the Supreme Court refused.

Not done, Uba and the PDP brought another application before the Court of Appeal, Enugu to set aside its earlier judgment of May 22, 2007 on the ground that Obi’s notice of appeal was invalid, an issue already decided by the Supreme Court.

In a unanimous judgment, the Court of Appeal presided over by Justice V.A. Omage, dismissed the application, holding that it had no jurisdiction to entertain again a matter which had been heard and determined by the Supreme Court as it was bound by the decision of the apex court.

Uba and PDP were represented by Taiwo Abe while Governor Obi’s legal team was led by Dr. Onyechi Ikpeazu (SAN). Speaking to the Press after the judgment, Chief Fabian Okolo frowned at the frequency with which Andy Uba took the Obi to court, submitting that it was a ploy to “distract Obi from the good work he is doing.”