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Abia State Supreme Court Update 27th January


SUPREME COURT APPROVES OTTI'S REQUEST TO JOIN SUIT INSTITUTED BY UCHE OGAH

BREAKING: Gov Ikpeazu wins Uche Ogah [Abia Supreme Court Update 12th May 2017]

Earlier today the Supreme Court granted the appeal of Alex Otti against the ruling of the Appeal court that refused to join him in the processes initiated by Uche Ogah against Governor Ikpeazu.
Abia State Supreme Court Update 27th January
Abia State Supreme Court Update 27th January
Following the much criticized ruling of Justice Okon Abang in favor of Uche Ogah, Alex Otti filed processes at the Appeal Court against the ruling on the premise that if the Abang court actually made valid findings that there were defects to the PDP candidacy of Dr Okezie Ikpeazu the proper person to declare validly elected should be him (Otti) as Uche Ogah never contested any general election and therefore cannot be declared winner or validly elected by any sensible court or person.


The appeal court ruled that the matter before it was strictly a PDP affair and threw out Otti's application to join the matter.

Today, the Supreme Court ruled that Otti has a right to be joined in the matter. He will therefore be expected to file his briefs at the Supreme Court detailing why Uche Ogah should not benefit from what he never worked for or participated in.

Implications


1. Governor Okezie Ikpeazu remains the Governor of Abia State.

2. On the next hearing date for this matter, Otti's lawyer will file processes against the declaration of Uche Ogah as Governor by Justice Okon Abang.

3. The Supreme Court will ultimately rule first on Ogah versus Ikpeazu before ruling on other matters, including Otti versus Ogah and Ogah versus PDP.

4. Once the court throws out Uche Ogah's appeal the other matters will be dead and without effect or consequence.

UPDATE:

Yesterday, the Supreme Court gave the governorship candidate of the All Progressive Grand Alliance (APGA) in the 2015 election in Abia State, Dr. Alex Otti, the go ahead to appeal against judgments contesting  the validity of Governor Okezie Ikpeazu’s election.


In granting his application to appeal, the Supreme Court unanimously held that his (Otti) right to fair hearing as provided under section 36 of the 1999 constitution is inviolable and as such cannot be denied on the grounds of technicalities.

In her rulings, Justice Clara Bala Ogunbiyi who delivered the lead judgment of the Supreme Court, agreed that the Otti have the constitutional right to appeal against the decision of the Court of Appeal.

She cited some case laws to show that “a party should never be denied the right of appeal if he satisfies the conditions for appeal.”

The court also held that “when the law lays down a condition that leave is to be sought and obtained before filling grounds of appeal on mixed law and facts, this does not give a reason for exploitation by the opposite party in making it difficult for the applicant to access the discretion of court.”

Justice Ogunbiyi further held that the applications by Otti and his political platform (APGA), boarders squarely on their right to be heard on a case that affects their interest.

Right now, Otti's lawyer is expected to file his briefs at the Supreme Court detailing why Uche Ogah should not benefit from what he never worked for or participated in.


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