Appeal Court Adjourns Ruling On Ozigbo, Uba Case

The Court of Appeal Enugu Division, yesterday adjourned its
ruling on the appeal brought before it by Mr. Valentine Ozigbo and
the Peoples Democratic Party against Senator Ugochukwu Uba & two
others.

Senator Uba, who had on July 5, emerged as Anambra governorship
candidate of the PDP in a parallel primary, instituted a suit
against the PDP, its candidate, Valentine Ozigbo and the
Independent National Electoral Commission (INEC), wherein he
challenged Ozigbo’s candidature for the November 6, 2021
governorship election.

Barely 24 hours after Senator Uba instituted the suit, Justice
O. A. Nwabunike granted an ex parte injunction restraining INEC
from carrying out their constitutional duty and also abridged the
time within which the Defendants are legally obliged to file their
defence from 42 days to only three days in violation of Order 16
Rule 1(2) of the Anambra State High Court (Civil Procedure) Rules
2019.

Despite the apparent hardship created by this strange ex parte
order, the judge, on the day of the hearing, being July 16, denied
the defendants time to respond to the processes served on them and
proceeded with the hearing of the plaintiff’s case and delivering
judgement.

Mr. Ozigbo, the candidate of the PDP, however, appealed the said
judgment with an application for a stay of execution that was
granted by the Court of Appeal on Monday, August 2.

At sitting at the Court of Appeal yesterday, the attention of
the panel of vacation Justices which was presided by Honourable
Justice Dongban-Mensem, the President of the Court of Appeal, was
drawn by Mr. Alex Ejesieme (SAN) the lead Counsel to Ozigbo to some
motions filed in the course of instituting the suit, which events
have, however, overtaken. The particular motions were sought to be
withdrawn, and the court graciously obliged the PDP and
subsequently struck them out. The Court of Appeal, thereafter,
adjourned for judgment on a date to be communicated to the
parties.

The Court of Appeal Enugu Division, yesterday adjourned its
ruling on the appeal brought before it by Mr. Valentine Ozigbo and
the Peoples Democratic Party against Senator Ugochukwu Uba & two
others.

Senator Uba, who had on July 5, emerged as Anambra governorship
candidate of the PDP in a parallel primary, instituted a suit
against the PDP, its candidate, Valentine Ozigbo and the
Independent National Electoral Commission (INEC), wherein he
challenged Ozigbo’s candidature for the November 6, 2021
governorship election.

Barely 24 hours after Senator Uba instituted the suit, Justice
O. A. Nwabunike granted an ex parte injunction restraining INEC
from carrying out their constitutional duty and also abridged the
time within which the Defendants are legally obliged to file their
defence from 42 days to only three days in violation of Order 16
Rule 1(2) of the Anambra State High Court (Civil Procedure) Rules
2019.

Despite the apparent hardship created by this strange ex parte
order, the judge, on the day of the hearing, being July 16, denied
the defendants time to respond to the processes served on them and
proceeded with the hearing of the plaintiff’s case and delivering
judgement.

Mr. Ozigbo, the candidate of the PDP, however, appealed the said
judgment with an application for a stay of execution that was
granted by the Court of Appeal on Monday, August 2.

At sitting at the Court of Appeal yesterday, the attention of
the panel of vacation Justices which was presided by Honourable
Justice Dongban-Mensem, the President of the Court of Appeal, was
drawn by Mr. Alex Ejesieme (SAN) the lead Counsel to Ozigbo to some
motions filed in the course of instituting the suit, which events
have, however, overtaken. The particular motions were sought to be
withdrawn, and the court graciously obliged the PDP and
subsequently struck them out. The Court of Appeal, thereafter,
adjourned for judgment on a date to be communicated to the
parties.