NKWONTA VS ABARIBE: HOT ARGUMENT AS COUNSEL QUESTIONS JUDGE’S SIGNATURE, TRIBUNAL ADJOURNS PROCEEDINGS
The Tribunal hearing in Umuahia on the matter brought before it by Chief Chris Nkwonta, Abia South APGA Senatorial Candidate in the 2019 election against Senator Enyinnaya Abaribe’s victory, on Friday 26th July, 2019 adjourned hearing till Wednesday the 31st of August 2019.
The decision was unanimously taken following a sharp disagreement by Counsel to APGA and Chris Nkwonta, Barrister Chris Nwachukwu who had informed the court that although there was a case filed by PDP and Senator Enyinnaya Abaribe, seeking for an enroll order from the appellate court, stressing that he only saw the ruling by the appellate court today [Friday 26th of July 2019] on a colleagues phone, pointing out that the proceeding may not continue.
He stated that the signature he
He cited to the hearing of the court where the Supreme Court had severally said that the record of a proceedings supersedes an enroll order. He disagreed with what the PDP did by rushing to get an enroll order from the appellate court.
Barrister Nwachukwu however said that what he saw on the document was not what the Appeal Court delivered. He prayed the court to give him some time to enable him get the real judgment as delivered by the Appellate court.
According to him, he said that from what the Appeal court delivered on, if the granting of the preliminary objection will terminate the proceedings, then the petition should be dismissed.
He further said that in this case, the preliminary objection was never heard by the Appeal Court, maintaining that he must verify the signature of the judge, as according to him, judges do make mistake sometimes.
Counsel to PDP and Senator Enyinnaya Abaribe, Dr. Liborous Oshoma explained that they actually received a photocopy of an enroll order and immediately tendered it before the court.
He wondered why his learned colleague would be arguing on a signature which was duly signed by the presiding judge of Appeal Court and advised him to go ahead and get the document from them so as to authenticate the signature.
Lawyers to Nkwonta also want to verify if indeed the appeal court can dismiss a petition based on a proceeding it never heard and that what was on the enrolled order is different from what the court of Appeal pronounced.
