Tina Amanda
The Election Appeal panel sitting in Port Harcourt has set aside the judgment of the Governorship Election Petition Tribunal in Port Harcourt which dismissed the petition of the Governorship Candidate of the African Action Congress, BIOKPOMABO AWARA for abandoning their petition.
The five-man panel led by Justice J.O BADA ordered all parties in the matter to back to the tribunal for the case to be heard on merit.
The appeal panel stressed that the appellant has the right to request to regularize and separate the suit.
On the 2nd appeal, the panel held the position of a supreme court in the case of the All Progressives Congress and ABRAHAM UMAR and twenty-two others on which the first respondent counsel, HENRY BELLO and others depended their argument was different from the matter on contention and thereby struck it out.
The five-man Election Appeal unanimous set aside the judgement of Election tribunal, and ordered parties in the matter to go back to the tribunal and the case on merit.
Speaking our reporter Tina Amanda, counsel to AAC Governorship Candidate, DAVID ADEBE, said the judgement of the appeal court which is in agreement with their appeal, has proven that their fundamental right on the matter will not be affected.
Counsel representing INEC, LIVINGSTON WOYIKE, said INEC would abide by the decision of the court, adding that the appeal court has affirmed that the judgement of the lower court was wrong.
Our reporter said that counsel to AAC HENRY BELLO, Counsel to PDP and Governor Nyesom Wike declined to speak on the judgment.
