The apex court in Nigeria on Tuesday dismissed the appeal of Senator Henry Seriake Dickson against the decision of the Court of Appeal, Port Harcourt Division.
The Court of Appeal had ordered the Federal High Court to hear the suit seeking to disqualify the former Governor of Bayelsa State from contesting the Senatorial election having allegedly submitted false and forged documents to the Independent National Electoral Commission.
The suit which was filed by Dickson’s kinsman, Owoupele Eneoriekumoh with Independent National Electoral Commission (INEC), Peoples Democratic Party (PD) and Dickson Seriake as first, second and third respondents in suit no: FHC/YNG/72/2020 was dismissed by the trial court for want of jurisdiction having been allegedly filed out of time.
The Appeal Court disagreed with Hon. Justice J. E. Inyang of the Federal High Court, Yenagoa, but acceded to the argument of Plaintiff’s counsel, E. A. Aluzu, Esq that the suit was filed within the stipulated time by law. Consequently, it reversed the decision of the trial court.
The penultimate court further ordered an accelerated hearing of the matter on merit.
Dissatisfied, the former Governor appealed to Supreme Court with Owoupele Eneoriekumoh, INEC and PDP as first, second and third respondents respectively in appeal no: SC/CV/54/2021.
Dickson’s lawyer F. N. Nwosu Esq had sought to abandon his notice of withdrawal and rely on his brief of argument insisting that he made a mistake in filing it.
P. D. Pius Esq, counsel to the first respondent however countered that he could not do that and submitted that the appeal is deemed dismissed upon filing notice of withdrawal.
The Supreme Court agreed with P. D. Pius Esq and dismissed the appeal.
Likewise, the Supreme Court dismissed the appeal filed by the PDP in appeal number SC/CV55/2021 on discovering that their appeal was incompetent.
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