Friday, March 02, 2007

Peter Obi Seeks Transfer of Tenure Case to Appeal Court

Anambra State Governor, Mr Peter Obi yesterday requested the Federal High Court, Enugu where his suit on tenure interpretation is being heard, to refer his case to the Court of Appeal for determination.

Obi’s argument in the case against the Independent National Electoral Commission (INEC) is that since he was declared the rightful winner by the Appeal Court over three years after he was wrongly declared the loser of the election, he ought to begin his four year tenure from the date he was sworn in as governor of the state. At the Fedderal High Court yesterday, Obi’s counsel, Dr. Onyechi Ikpeazu (SAN) argued that the question of proper determination of the Anambra Governor’s tenure in the present circumstances was "recondite" as it has not been pronounced upon by any court in Nigeria.

Ikpeazu who cited many cases before the Court presided over by Justice A.O. Faji, said he has fulfilled all necessary conditions in his application for reference to the Appeal Court. He argued that the issue raises a substantial question of law, explaining that its determination was very important to the constitutional development of the country. Referring the case to the Appeal Court, according to him, will assist in speedy determination of the case considering its circumstances.

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