governorship candidate of the All Progressives Grand Alliance, APGA in the April
gubernatorial election in Abia State seeking for an Order directing the Governorship
Election Petition Tribunal sitting in Umuahia to allow him reopen his case and to lead
further evidence.
Otti had penultimate week approached the Appeal Court arguing that his right to fair
hearing was breached by the Tribunal in refusing to allow him testify and to introduce
vital evidence needed to prove his petition.
He further contended that contrary to the provisions of the Electoral Act (as amended)
and the Practice direction issued pursuant thereof, the Tribunal unfairly abridged the
time available to him to present his case from 14 days to 7 days and thereby denied
him the right to fair hearing.
It could be recalled that when Otti brought a similar motion before the Election Petition
Tribunal the Respondents vehemently opposed it describing the prayers as strange and
"unknown to our jurisprudence" for a party after closing his case to apply for it to be
reopen to enable him lead further evidence. Following the Respondents' objections the
Tribunal wasted no time in refusing the prayers and striking out the motion and asked
the the 1st Respondent, Dr. Okezie Ikpeazu to open his defence to the petition. It is that
decision of the Tribunal that gave rise to Otti's present Appeal.
On the likelihood of success of Dr. Alex Otti's current appeal, Orji Okonkwo Esobe, a
Lagos based constitutional lawyer gave it a No No.
" Appeal Courts are reluctant to interfere with the proceedings of the lower court which
was the reason the same Appeal Court refused both Dr. Ikpeazu and PDP's appeals to
compel the Tribunal to deliver rulings on their preliminary objections which the Tribunal
had earlier reserved to be taken at the judgment stage, will the Court of Appeal now
turn around and interfere in the proceedings in a matter that has been dully concluded
except for the adoption of the final addresses, that would amount to the Court of
Appeal descending into the arena and ostensibly taking side. It's clearly a sign of
desperation on the part of the appellant, Dr, Otti " he concluded.
A check at the Umuahia office of INEC, the 3rd Respondent confirmed service of the
Appeal processes on them but the officer declined further comments and rather
directed reporters to the INEC legal adviser. All efforts made to speak to the officer
proved abortive.
Curiously, the People's Democratic Party, PDP, the 2nd Respondent, craved anonymity saying they are unaware of the appeal and neither have they been served the processes. He
wondered the essence of the appeal so late into the day.
" why are they bringing this appeal now, we want this Tribunal matter to be done with
so that Dr. Ikpeazu can concentrate on his mandate and mission of providing dividends
of democracy to the people of the state like he has been doing for the past four
months, any body who wants further elongation of the drama and propaganda going on
at the Tribunal is the real enemy of Abia people. What ever they like let them do, this
matter must end on or before 18th of November" he posits.
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