The President of the Court of Appeal, Justice Zainab Bulkachuwa, has appointed Justice O.A. Adeniyi, as the Chairman of the Cross River National Assembly Election Petition Tribunal currently sitting in Calabar.
Adeniyi, a member of the three-man panel was elavated to head the tribunal after a petition was lodged with the Appeal Court against the erstwhile chairman, Justice C. Awubra.
In the petition filed by Mr Paul Erokoro, counsel to some of the respondents at the tribunal, argued that Awubra’s appointment as chairman was unconnstitutional.
Erokoro had in his application also challenged the jurisdiction of the tribunal and the competence of Awubra to head the panel.
According to him, Awubra, a Customary Court Judge is not qualified to head the tribunal as the Constitution provides that its chairman must be a High Court Judge.
Before the tribunal’s sitting on Wednesday, all the lead counsels were briefed on the changes which reverted Awubra to an ordinary member of the tribunal and the elavation of Adeniyi.
In spite of the development, Erokoro asked the tribunal to start all cases afresh, arguing that proceedings under Awubra should be deemed null and void.
Other counsels however argued against the request citing several cases to support their positions.
Prof. Jacob Dada and Mr Essien Andrew argued that the tribunal cannot start afresh as the three-man tribunal remain the same.
They said that the change was only administrative and that the sitting of the tribunal was time-bound.
They further argued that Erokoro’s application was incompetent and overtaken by events.
Adeniyi reserved judgment on Erokoro’s application and also said that the tribunal would take all the substantive matters before it to conclusion.
The chairman advised parties in the respective cases to adopt their final written addresses.
Adeniyi, who adjourned all the matters for judgment, ruled that parties would be communicated on the date set by the tribunal.
The chairman noted that the 180 days provided for in the Electoral Act for the tribunal to wind down would elapse by Oct. 13, 2015.
The News Agency of Nigeria (NAN) reports that five cases were brought before the tribunal for determination.
They include: Stanislaws Tawo Afu of Labour Party versus Christopher Agibe of PDP; Sen. Bassey Otu versus Sen. Gershom Bassey; Dr Alex Egbona versus Rep. Bassey Ewa; Dominic Edem versus Apostle Essien Ayi and that of Julius Okputu versus Sen. Rose Oko
NAN
Comentários