The Court of Appeal sitting in Owerri, Imo State on Monday struck out an appeal for extension of time to call more filed by Dr. Alex Otti, the All Progressives Grand Alliance governorship candidate in the 2015 poll.
Otti had challenged the decision of the lower tribunal sitting in Umuahia, which refused his application in a petition against Governor Okezie Ikpeazu of the Peoples Democratic Party.
In his judgment, Justice Jimmy Bada held that the tribunal did the right thing by refusing the application.
Bada, who delivered judgment written by the five-man panel, held that it would amount to waking up a dead person if after the parties had submitted final addresses fresh witness were allowed.
He noted that the application failed on three issues presented before the court, saying: “It was also wrong for the applicant to fail to front load the pre-trial material from the lower tribunal.”
He said that non-front loading of the pre-trial materials amounted to acceptance of the decision of the lower tribunal, adding: “The Appeal Court can only decide based on evidence before it.”
Bada upheld the argument of Chief Wale Olanpekun, Counsel to Ikpeazu, that Otti’s decision to file the appeal was “mere academic exercise”.
He said: “Though counsel to the applicant noted that there would be life in the matter if the appeal succeeds, reopening a matter for fresh evidence when final addresses have been submitted is alien to our law.”
Bada after thorough review upheld the preliminary objection sought by Olanipekun to dismiss the appeal.
He said: “Granting the reliefs sought by the applicant will amount to over enriching the applicant against the other parties and therefore the appeal failed.”
Reacting to the judgment, Oracle Nwala, a member of Otti’s legal team, said the judgment had not affected their client’s main matter at the lower tribunal in anyway.
Nwala said: “For us, yes we contested because we ought to have 14 days by law and were given seven days, while the respondent who by law suppose to get 10 days were given nine days.
“In spite of the lesser days given to us, we were able to do the much expected of us and we hope to get the best out of our efforts.”
The Secretary of Abia State PDP and a member of Ikpeazu’s legal team, Charles Esonu, praised the erudition and painstaking efforts exhibited by the panel.
Esonu said: “This appeal came up on Saturday, October 10, but in spite the short period of time, your lordships were able to delivered judgment that could stand the test of time.”
NAN.
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