Kogi: Wada Floors Echocho As Court Of Appeal Dismisses Appeal
Kogi: Wada Floors Echocho As Court Of Appeal Dismisses Appeal
Nnamdi Felix / Abuja
A court of Appeal siting in Abuja on Thursday dismissed an appeal filed by Alhaji Jibrin Isah Echocho challenging the nomination of Governor Idris Wada as the candidate of the People's Democratic Party for the December 3rd 2011 governorship elections in the state.
In a unanimous judgment delivered by Justice Tinuade Akomolafe-Wilson, the court held that the federal high court was right to have dismissed Echocho's suit and held that the trial court lacked the jurisdiction to entertain the but pointed out that the court should have closed the matter at that stage by simply striking it out if its cause list.
The appellate court noted that further proceedings or orders made by the trial court is tantamount to a nullity in law. "Any defect in competence is certainly fatal as it renders the entire proceedings null and void. However it appears to be well conducted and decided. An incompetent process is as good as never filed. It should therefore have been struck out" the court observed.
Accordingly the court substituted the dismissal of Echocho's suit by the federal high court into a striking out order.
In conclussion, he appellate court held that on the whole that Echocho's appeal fails and dismissed it accordingly.
Reacting to the court's decision Governor Wada who spoke through his Special Adviser Media and Strategy, Mr. Jacob Edi, hailed the judgment stating that its has further strengthened their faith the nation's judiciary.
Echocho had dragged Wada to an Abuja Federal High Court asking it to declare him as the valid candidate of the PDP for the December 3rd elections on the grounds that he won the party's primary held on the 9th of January 2011 and that his name was forwarded to the Independent National Electoral Commission ( INEC) as the governorship candidate of the party for Kogi State.
But the lower court in its judgment of August 29th 2012 held that it lacks the jurisdiction to entertain the suit by virtue of Section 285(2) of the 1999 Constitution as amended and Section 133 of the Electoral Act 2010 as amended. It went on to dismiss the suit.
However not satisfied Echocho went to the Court of Appeal asking it to determine whether the lower court did not totally misunderstand his case by dismissing same on the reasons given for lack of jurisdiction.
Nnamdi Felix / Abuja
A court of Appeal siting in Abuja on Thursday dismissed an appeal filed by Alhaji Jibrin Isah Echocho challenging the nomination of Governor Idris Wada as the candidate of the People's Democratic Party for the December 3rd 2011 governorship elections in the state.
In a unanimous judgment delivered by Justice Tinuade Akomolafe-Wilson, the court held that the federal high court was right to have dismissed Echocho's suit and held that the trial court lacked the jurisdiction to entertain the but pointed out that the court should have closed the matter at that stage by simply striking it out if its cause list.
The appellate court noted that further proceedings or orders made by the trial court is tantamount to a nullity in law. "Any defect in competence is certainly fatal as it renders the entire proceedings null and void. However it appears to be well conducted and decided. An incompetent process is as good as never filed. It should therefore have been struck out" the court observed.
Accordingly the court substituted the dismissal of Echocho's suit by the federal high court into a striking out order.
In conclussion, he appellate court held that on the whole that Echocho's appeal fails and dismissed it accordingly.
Reacting to the court's decision Governor Wada who spoke through his Special Adviser Media and Strategy, Mr. Jacob Edi, hailed the judgment stating that its has further strengthened their faith the nation's judiciary.
Echocho had dragged Wada to an Abuja Federal High Court asking it to declare him as the valid candidate of the PDP for the December 3rd elections on the grounds that he won the party's primary held on the 9th of January 2011 and that his name was forwarded to the Independent National Electoral Commission ( INEC) as the governorship candidate of the party for Kogi State.
But the lower court in its judgment of August 29th 2012 held that it lacks the jurisdiction to entertain the suit by virtue of Section 285(2) of the 1999 Constitution as amended and Section 133 of the Electoral Act 2010 as amended. It went on to dismiss the suit.
However not satisfied Echocho went to the Court of Appeal asking it to determine whether the lower court did not totally misunderstand his case by dismissing same on the reasons given for lack of jurisdiction.
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