The Supreme Court in Abuja presided by Justice Walter Samuel Onnoghen has reserved judgment in the case between PDP gubernatorial candidate in the last elections, Mr Terhemen Tarzoor and his APC counterpart Governor Samuel Ortom.
Tarzoor had approached the Supreme Court, complaining that the lower court erred in its judgement in holding that Ortom was duly elected having not been properly nominated by the All Progressives Congress, APC to contest the April 11th, 2015 governorship election in the State.
Earlier, counsel to Governor Samuel Ortom, Adeniyi Akintola, SAN relying on last Friday’s judgment in the Zamfara case with respect to nomination and submitting, submitted that the court cannot overrule itself and that the appeal should be dismissed.
However, counsel to Mr Terhemen Tarzoor, Adebayo Adenipekun, SAN argued that the case at hand was different from that of Zamfara because APC did not hold any primaries at all in Benue State in contravention of Section 177 of the Nigerian Constitution. He therefore submitted that the cross appeal should be dismissed and the appeal allowed to succeed.
Counsel to the APC, Sebastian Hon, SAN in his submission, stated that the appellant who relied on Section 87 of the Electoral Act 2010, (as amended) at the Court of Appeal cannot change his case at the Supreme Court, and rely on Section 177 of the Constitution, and that oral submissions are not superior to pleadings.
Counsel to the Independent National Election Commission, INEC, Professor Ijohor urged the court to sustain its judgment of last Friday with respect to nomination exercises. Justice Onnoghen who conducted proceedings, fixed January15, 2016 for judgment.
Benue.com.ng
Benue.com.ng
Post a Comment