A’Court grants accelerated hearing of APP’s appeal challenging exclusion

The Court of Appeal sitting in Abuja has granted the prayer of the Action Peoples Party (APP) abridging the time for the hearing of an appeal challenging its exclusion from the Kogi state governorship election.

APP (appellant) had in its appeal against the Independent National Electoral Commission (INEC) (respondent) asked the appellate court to abridge the time in the hearing of the case because it is time bound

A panel of three justices of the appellate court headed by the Acting President, Justice Monica Dongban-Mensem granted the application.

The party had argued that following the motion on notice filed on March 30, that the matter is to be heard in 60 days, adding that 30 days are already gone, so if hearing is not accelerated, the court will not be able to adjudicate.

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The court granted the APP’s request for five days for INEC to file its brief of argument. Hearing was adjourned till April 8.

Justice Ijeoma of the Federal High Court Abuja, had on February 21, held that INEC was right to have excluded candidates of the appellant (APP) in the governorship election in Kogi and Bayelsa states.

This judgment was hinged on the ground that APP replaced its withdrawn candidates outside the statutory period of 45 days to the date of the 2019 Kogi and Bayelsa states governorship election.

This is the first matter the acting president of the court of appeal is adjudicating since her swearing-in on March 6.

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At the opening of sitting, she charged litigants to be mindful of the coronavirus pandemic and observe all protocols governing conduct of persons in the face of the pandemic as they come to court.

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“In view of the perilous times, counsels should make a point of duty not to delay proceedings unnecessarily.

“No filling of frivolous applications,” said Justice Dongban-Mensem.

Excited by this, counsel to APP, Mr. Obed Agu said: “I’m amazed that the president is here herself. That shows how duty bound she is. It shows a lot about her dexterity.”