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The Supreme Court will tomorrow resume hearing of an appeal brought before it by Governor of Imo State, Ikedi Ohakim and the Independent National Electoral Commission (INEC).
The April 14, 2007 gubernatorial election in the state was cancelled by INEC. It was rescheduled later and was won by Ohakim.
But candidate of the All Progressive Grand Alliance (APGA) Chief Martins Agbaso, proceeded to court, challenging the power of INEC to cancel an election that was duly concluded with results announced at the ward and local government levels.
Agbaso asked the Court of Appeal to order INEC to announce the results of the April 14 poll, claiming that he won the election. The Appeal Court in Abuja thereafter ruled that INEC lacked power to cancel the results since it was a constitutional matter.
But Ohakim and INEC headed to the Supreme court to challenge the ruling of the Court of Appeal.
The case was adjourned for a long period of time. While one party expressed concern about the adjournment, the other party assumed that delay in giving judgment was to its advantage.
The Supreme Court had at the last hearing of the case consolidated the appeals brought by Ohakim, and INEC against a ruling of the Appeal Court decision of February 26, 2009.
At the resumed hearing of the matter, counsel to INEC, Abdulahi Ibrahim (SAN), informed the court that they were not aware that there was a fresh motion for an accelerated hearing of the case.
He stated that the court had at the last adjourned date heard and directed parties in the suit to exchange addresses and adjourned the matter to September 29, 2009 for definite hearing.
He advised that the two appeals be consolidated and given the same number to enable it be heard at the same time.
Following the agreement, counsel to Agbaso, Wole Olanipekun (SAN) who appeared with Patrick Ikwueto (SAN), withdrew their application for an accelerated hearing.
Justice Aloysius Kastina-Alu then ruled that "the application for accelerated hearing having been withdrawn is hereby struck out.
“And I would want to assure all the parties in the suit that at the end of the day, justice will be done in the matter. Even if the respondent wins, his tenure starts on the day he is sworn in, so there is no reason to be desperate.”


		Monday 28/9/ 2009
		Agbaso vs INEC: S’Court Rules on Jurisdiction Tomorrow
		The Supreme Court will tomorrow resume hearing of an appeal brought before it by Governor of Imo State, Ikedi Ohakim and the Independent National Electoral Commission (INEC). The April 14, 2007 gubernatorial election in the state was cancelled by INEC. It was rescheduled later and was won by Ohakim. But candidate of the All Progressive Grand Alliance (APGA) Chief Martins Agbaso, proceeded to court, challenging the power of INEC to cancel an election that was duly concluded with results announced at the ward and local government levels. Agbaso asked the Court of Appeal to order INEC to announce the results of the April 14 poll, claiming that he won the election. The Appeal Court in Abuja thereafter ruled that INEC lacked power to cancel the results since it was a constitutional matter. But Ohakim and INEC headed to the Supreme court to challenge the ruling of the Court of Appeal. The case was adjourned for a long period of time. While one party expressed concern about the adjournment, the other party assumed that delay in giving judgment was to its advantage. The Supreme Court had at the last hearing of the case consolidated the appeals brought by Ohakim, and INEC against a ruling of the Appeal Court decision of February 26, 2009. At the resumed hearing of the matter, counsel to INEC, Abdulahi Ibrahim (SAN), informed the court that they were not aware that there was a fresh motion for an accelerated hearing of the case. He stated that the court had at the last adjourned date heard and directed parties in the suit to exchange addresses and adjourned the matter to September 29, 2009 for definite hearing. He advised that the two appeals be consolidated and given the same number to enable it be heard at the same time. Following the agreement, counsel to Agbaso, Wole Olanipekun (SAN) who appeared with Patrick Ikwueto (SAN), withdrew their application for an accelerated hearing. Justice Aloysius Kastina-Alu then ruled that "the application for accelerated hearing having been withdrawn is hereby struck out. “And I would want to assure all the parties in the suit that at the end of the day, justice will be done in the matter. Even if the respondent wins, his tenure starts on the day he is sworn in, so there is no reason to be desperate.”