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Battle of the Generals:Appeal Court throws out Onoja’s case
against Mark Newsdiaryonline
Fri Dec 2,2011
Mark
The Court of Appeal sitting in Makurdi has
thrown out the
appeal instituted by retired Maj. Gen. Lawrence Onoja against
the election of Senate President, David Mark.Delivering
judgment, the presiding judge, Justice Ahmed Tsamiya relied on
Section 285, Sub Section 7 of the 1999 constitution as amended
which provides that appeals arising from the decision of an
election tribunal must be heard and disposed of within 60 days.
Justice Tsamiya pointed out that (the gap) between 27th of
September, 2011 and 2nd of December, 2011 when the appeal was
thrown out shows that hearing on the appeal lapsed on November
26th 2011.
Lead Counsel to the senate president, Barr Ken Ikonne
had in a motion brought pursuant to Section 287(7) of the
Constitution of the Federal Republic of Nigeria sought for the
striking out of the appeal on the grounds of effluxion of time
and the judgment which the appellant was appealing against was
delivered on 27th September, 2011.
The lower tribunal had on the 27th September, 2011 upon the
application of the first respondent, dismissed as abandoned the
subject matter of the petition.Aggrieved by the decision of the
lower tribunal dismissing the petition, Onoja filed
his appeal against Mark.
Reacting to the judgment, Barr Ikonne, said the appellant did
not put his house in order adding that the “jurisdiction of the
Court of Appeal to continue to hear the appeal has completely
evaporated.”
Barr Idikwu, Counsel to Gen Onoja ,when asked to challenge the
motion by the senate president told the court to use its
discretion.
Th
This is the document referred to in the Witness
Statement on Oath of Clifford O. Kokogho as
“Exhibit
COK.2”
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