A three-man panel of the Court of Appeal, Wednesday, dismissed the appeal filed by the Attorney General of Imo State and forty others challenging the ruling of an Owerri Federal High Court, which granted Senator Rochas Okorocha the leave to amend processes filed before the Court, IgbereTV reports.
Presiding Judge in the Suit with Suit No:CA/ABJ/CV/942/2020, Justice Dattijo Yahaya, dismissed the appeal, following a notice of discontinuance dated and filed on March 16 by the Attorney General of Imo State, Cyprain Akaolisa, on behalf of the appellants.
Counsel to Senator Rochas Okorocha, Oba Maduabuchi, opposed the withdrawal of the enchantment at the floor that the appellants want to lie to the Court by way of pretending to stop the appeal and go again to Imo State and entire what they intend to do earlier than returning to the Court.
He stated the appellants had been simplest interested in humiliating the Senator by way of marking his residences and those of his buddies for demolition during the pendency of the match earlier than a Federal High Court in Owerri and the attraction earlier than the Court of Appeal.
The Presiding Judge however struck out the enchantment on the idea that an appellant has the proper to withdraw an appeal following a notice of discontinuance properly filed before the Court.
Speaking to newshounds quickly after the ruling, Okorocha’s Counsel, said that, “the appeal changed into in opposition to the ruling of a decrease Court permitting us to amend our techniques. Imo State government jumped to the Court of Appeal, saying that it turned into wrong to permit us to amend our procedures.
“They filed their brief; I filed my short and filed an objection that the enchantment is incompetent. Then we filed a motion that every step they've taken, including the arrest and humiliation of Rochas Okorocha at some stage in the pendency of this depend must be set aside by using the Court of Appeal. We served them with that Motion, they have no longer filed a counter to it, they went in advance to mark properties belonging to has and his pals for demolition primarily based upon the court cases of the panels of inquiry that occurred during the pendency of each this Appeal and the problem in the lower Court, which is abuse of procedure of Court.”
He continued that, “now they have got accomplished their objective that's to humiliate Rochas, to take over his homes, they have withdrawn the appeal, so what may be extra abusive of the technique of Court than that.
“When the problem is pending in the Court of Appeal you cross and spherical up proceeding in your panel on enquiry, even as the matter is pending within the Court of Appeal you move and forfeit the residences of Rochas Okorocha, you went and Mark his properties for demolition. This is the impunity we have been shouting about, human beings do matters the manner they want to do it and now not the manner the law the law asked them to do it.
“How are you able to document an attraction is incompetent, then even as the appeal is pending within the Court of Appeal, you know ask your panels of inquiry to conclude and publish their reviews and you troubles white paper, seal people’s houses, mark them for demolition whilst the enchantment is pending in the Court of Appeal, this is glaringly an abuse of Court system.”
No comments:
Post a Comment