Otti's Cross -Appeal Dead On Arrival As Nwosu Files Notice Of Appeal
Abia Court Verdict: PDP gov aspirant files notice of appeal
An aspirant in the December 8, 2014, Peoples
Democratic Party, PDP, governorship primaries in Abia
State, Barr. Friday Nwangozi Nwosu, has filed a notice of appeal at
the Supreme Court, challenging the judgment of the Court
of Appeal, Owerri Division, which sacked Gov. Okezie
Ikpeazu from office and declared Dr. Alex Otti of the All
Progressive Grand Alliance, APGA, as the governor-elect.
According to Vanguard in the notice of appeal which have Alex Otti, his party,
APGA as the respondents Nwosu who described himself as an interested party in the suit,
outlined six grounds of appeal on which the Court of
Appeal verdict should not be allowed to stand by the
Supreme Court.
According to him, “The Court of Appeal erred in law when
it assumed jurisdiction to hear the appeal when the notice
of appeal filed by the appellants was fundamentally
defective. The Court of Appeal also erred in law when it
held that the 1st appellant (Alex Otti), did not testify to
state his claims orally and cannot be a valid reason to
hold that he has abandoned his claims. This is an error in
law because pleadings not supported by claims are
deemed abandoned. The appellant abandoned his
deposition on oath and failed to testify at the tribunal. In
the circumstances of the case, he was a necessary
witness for his case to succeed. Failure of the 1st
appellant (Alex Otti) to present himself as a witness at the
tribunal for cross examination is fatal to the case of the
petitioners.”
He faulted the cancellation of the election results of the
three local councils; Obingwa, Osisioma Ngwa and Isiala
Ngwa North, stressing that it was wrong for the Court of
Appeal to base its decision on the card readers which he
said, is not a voters register.
“Deduction of votes from the three local government areas
was not based on any law. Voters register used in
accreditation in the three local governments was not
tendered as exhibits in the tribunal.”
Again, the appellants did not establish that the votes
recorded in Osisioma Ngwa, Isiala Ngwa North and
Obingwa local government areas exceeded the number of
registered voters in the three local government areas. Over
voting only occurs when the votes cast in a particular unit
or constituency exceeds the number of registered voters.
“The Court of Appeal erred in law by declaring the 1st
respondent winner of the governorship election of 11th
and 25th April, 2015 on the ground that he scored the
majority of lawful votes cast at the election. Ordering a
repeat election in Osisioma Ngwa, Isiala Ngwa North and
Obingwa is proper application of the construction of
Section 53(2) of the Electoral Act 2010, as amended,”
Nwosu said.
He urged the Supreme Court to ensure that justice is seen
to have been served to all parties in the suit.
~ Vanguars
 |
| Barr. F N Nwosu |
An aspirant in the December 8, 2014, Peoples
Democratic Party, PDP, governorship primaries in Abia
State, Barr. Friday Nwangozi Nwosu, has filed a notice of appeal at
the Supreme Court, challenging the judgment of the Court
of Appeal, Owerri Division, which sacked Gov. Okezie
Ikpeazu from office and declared Dr. Alex Otti of the All
Progressive Grand Alliance, APGA, as the governor-elect.
According to Vanguard in the notice of appeal which have Alex Otti, his party,
APGA as the respondents Nwosu who described himself as an interested party in the suit,
outlined six grounds of appeal on which the Court of
Appeal verdict should not be allowed to stand by the
Supreme Court.
According to him, “The Court of Appeal erred in law when
it assumed jurisdiction to hear the appeal when the notice
of appeal filed by the appellants was fundamentally
defective. The Court of Appeal also erred in law when it
held that the 1st appellant (Alex Otti), did not testify to
state his claims orally and cannot be a valid reason to
hold that he has abandoned his claims. This is an error in
law because pleadings not supported by claims are
deemed abandoned. The appellant abandoned his
deposition on oath and failed to testify at the tribunal. In
the circumstances of the case, he was a necessary
witness for his case to succeed. Failure of the 1st
appellant (Alex Otti) to present himself as a witness at the
tribunal for cross examination is fatal to the case of the
petitioners.”
He faulted the cancellation of the election results of the
three local councils; Obingwa, Osisioma Ngwa and Isiala
Ngwa North, stressing that it was wrong for the Court of
Appeal to base its decision on the card readers which he
said, is not a voters register.
“Deduction of votes from the three local government areas
was not based on any law. Voters register used in
accreditation in the three local governments was not
tendered as exhibits in the tribunal.”
Again, the appellants did not establish that the votes
recorded in Osisioma Ngwa, Isiala Ngwa North and
Obingwa local government areas exceeded the number of
registered voters in the three local government areas. Over
voting only occurs when the votes cast in a particular unit
or constituency exceeds the number of registered voters.
“The Court of Appeal erred in law by declaring the 1st
respondent winner of the governorship election of 11th
and 25th April, 2015 on the ground that he scored the
majority of lawful votes cast at the election. Ordering a
repeat election in Osisioma Ngwa, Isiala Ngwa North and
Obingwa is proper application of the construction of
Section 53(2) of the Electoral Act 2010, as amended,”
Nwosu said.
He urged the Supreme Court to ensure that justice is seen
to have been served to all parties in the suit.
~ Vanguars
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