The Court of Appeal, sitting in Enugu has again reserved ruling for a later date on an appeal filed by Prof. Dora Akunyili of the All Progressives Grand Alliance.
Mrs Akunyili entered an appeal, challenging the striking out of her petition by the Election Petitions Tribunal.
She is challenging the election of Sen. Chris Ngige as a senator of the Federal Republic of Nigeria.
The News Agency of Nigeria (NAN) reports that the lower tribunal, presided over by Justice Onajite Kuejibola in obedience to the apex court in February struck out the case for lack of jurisdiction.
In his submission, Counsel to Mr. Ngige of the Action Congress of Nigeria, Emeka Ngige (SAN), prayed the court to strike out the case in line with the Supreme Court’s decision.
He said that the apex court had decided that any case that had exceeded the period of 180 days as provided in the constitution ought to be struck out.
According to the counsel, if the court accepts the appeal or begins to hear it, it will apparently put the court and the apex court at logger heads because it will be at variance with the Supreme Court.
“The case has passed 180 days and entering into the 308th day. So it should be struck out,’’ he said.
The Counsel to INEC, Obinna Nnadi, in a preliminary objection submitted that the case should be struck out because it was becoming technical and academic.
He added that the court had no time to go into it.
Earlier, Counsel to Mrs. Akunyili, Obiora Obianwu, prayed the court to entertain the matter on its merit as the Supreme Court judgement did not affect the case.
Having listened to the submissions, the presiding judge, Justice Ayobode Lokulo-Sodipe, reserved ruling on the matter for a later date.
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