Imo guber tussle: Supreme Court fix June 4 to hear Okorocha’s application

The Supreme Court on Tuesday fixed June 4 to hear an interlocutory application filed by the Imo Gov. Rochas Okorocha, to bar Dr Ikedi Ohakim from challenging his election.

Ohakim, an erstwhile governor of the state, and the PDP were granted leave by the Appeal Court in Owerri to challenge the constitutionality of the May 6, 2011 supplementary election held in the state.

The Imo Governorship Election Tribunal upheld the constitutionality and legality of the May 6, 2011 supplementary election and therefore returned the applicant as governor.

The applicant had also obtained victory at the Federal High Court, Owerri, as some parties, including Ohakim, were shut out of the trial.

Not satisfied with the decision of the Appeal Court, Okorocha and his party, APGA, approached the apex court.

The Action Congress of Nigeria (ACN) and its 2011 general election governorship flag bearer, Sen. Ifeanyi Ararume, challenged the decision in a suit against INEC and Okorocha.

At the resumed session, Mr Adeniyi Akintola (SAN), the Counsel to Okorocha, announced to the court that the interlocutory appeal was ripe for hearing, adding that the appellant (Okorocha) had done the needful.

He, however, said that substantial number of the respondents was yet to file their processes.

Efforts by the counsel to Ohakim, Chief Wole Olanipekun (SAN) to compel the court to hear the matter, failed as the Court held that the matter was not listed for hearing.

Justice Christopher Chukwuma-Ene, a panelist, interjected, saying “Wole look at the list very well, the matter is not set for hearing today.

“It will not be possible to even hear your preliminary objection today because most respondents are not ready,’’ Chukwuma-Ene said.

Olanipekun argued that the non-filing of brief of arguments by some respondents should not be used to frustrate the expeditious handling of the application.

“After all My Lords, the traditional responsibility of respondents in a matter is simply to defend the decision or judgment of the lower court and therefore, we are on the same page.

“I urge the court to take judicial notice of the fact that the matter has time limit because it is challenging the election of a governor who has already spent two out of the four-year tenure,’’ he said.

Justice Walter Onnoghen, the Presiding Judge, held that the proceeding was meant to prepare grounds for the beginning of the hearing.

He explained that “we have fixed today to attend to motions and to ensure that parties have filed their brief-of-arguments, so hearing is out of the question’’.

Onnoghen further held that “in view of the circumstance, hearing of the interlocutory application is fixed for June 4 and parties are given 14 days to file and serve all processes. Source: Reporter-365