Supreme Court Begins Hearing On Appeal Against Ikpeazu
The Supreme Court has commenced hearing on the appeal filed against the election of Governor Okezie Ikpeazu.
At the onset of proceeding on Wednesday, counsel to Mr. Alex Orti and APGA Mr. Lateef Fagbemi adopted his processes.
According to him, claims by the Appellate Court that the documents tendered at the tribunal were dumped on the court should be set aside.
Mr. Fagbemi argued that the findings by the Appellate Court that the documents tendered were not true certified document was also an error because the issue of proper certification did not arise.
He added that there must be respect for the rule of law and the required procedure.
In the final analysis, he asked the court to allow the appeal and set aside the position of the Appellate Court and order a fresh election.
On his part counsel to INEC, Mr. Zakawanu Garba asked the Supreme Court to dismiss the appeal.
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Counsel to Governor Ikpeazu, Mr. Wole Olanipekun also asked the court to dismiss the appeal.
According to him the appellant came third and wants to usurp.
Mr. Olanipekun said the appellant wants to make a mountain out of a molehill of evidence at the trial tribunal when the tribunal has already said it is not of any probative value since the maker of the document was not called to testify with respect to the document.
He further stated that it is an error for the appellant to ask the court to take notice that his client did not appeal the tribunal position on the documents, adding that there is nothing in this appeal.
The counsel to the appellant was in Atiku vs Muhammadu Buhari and he made a clear statement in that case, noting that the court cannot make any decision based on hearsay.
He also added that it is law sanctioned by the apex court that INEC guidelines are not and cannot be accorded the same standing with the provisions of the constitution.
The smart card reader he stressed cannot depose or dethrone the election register.
Judgment has been stood down to 2pm today.
The 7 man panel was presided over by Justice Olabode Rhodes-Vivour.