The Court of Appeal sitting in Enugu has ordered the retrial of the Anambra Central senatorial election between Prof. Dora Akunyili of APGA and Dr Chris Ngige of ACN.
Mr Justice Sam Osagi, ordered the retrial in Enugu on Wednesday, while delivering judgment on the appeal filed Akunyili challenging the lower tribunal verdict against Ngige.
Osagi held that the appellant’s petition had merits.
According to him, the tribunal has earlier made a pronouncement on the issue of not filing the form TF 008, which is pre hearing form, in its ruling delivered on Oct. 4.
“The tribunal has no power to revert itself by previous ruling. It is the view that the appellant not filing form TF 008 is no longer an issue
“The decision of the tribunal striking out the petition is hereby set aside and the judgment hereby dismissed,’’ Osagi held.
In his reaction, the counsel to Akunyili, Mr Theophine Oguji, expressed satisfaction over the judgment, describing it as democratic.
Ngige counsel Bona Orakwe, however, expressed displeasure with the judgment, saying the court did not look into some of the issues raised by his client.
“The issue of trial of de novo was raised and heavily canvassed. There was no ruling on it and the issue of the document forged by the petitioner was not discussed.
“But they have the final say. The hearing proper is yet to be heard,’’ he said.
The Governorship Election Tribunal sitting in Awka in October dismissed the petition filed by Akunyili former Information Minister on the grounds that it was filed out of time.