From GODWIN TSA, Abuja
For the second time, the governorship candidate of the Democratic Peoples Party (DPP) in the April 26, 2011 governorship election in Delta State, Chief Great Ogboru, has failed in his attempt to sack Governor Emmanuel Uduaghan of the Peoples Democratic Party (PDP) from office, as the Supreme Court yesterday struck out his application.
The apex court struck out Ogboru's application for lack of merit and constituting an abuse of court process.
Justice Clara Ogunbiyi, who wrote the lead judgment of the court, described the application as an attempt to ridicule the judiciary and to bring its integrity into disrepute.
Besides, the DPP governorship candidate has been ordered to pay N50, 000 to each of the respondents in the case.
Chief Ogboru had approached the apex court with a fresh application seeking to set aside the judgment of the Supreme Court declaring Uduaghan as the duly elected governor of the state.
Recall that a five-man panel of justices of the Supreme Court had, on March 2, 2012, faulted the appellate court, for its failure to hear and deliver judgment on the governorship dispute within the 60 days stipulated in section 285 (7) and (8) of the 1999 Constitution as amended.
The apex court held that the Appeal Court panel erred in law when it deferred reasons behind its judgment till a date outside the legally prescribed period for determination of such matter, stressing that the action rendered the verdict unconstitutional, null and void.
Justice Tanko Mohammed who read the judgment observed: "Though the trial tribunal gave its verdict on November 11, 2011, the appellate court gave its own judgment on January 5, 2012 and reserved its reasons till January 27. A simple arithmetic shows that the appeal took 72 days, which is clearly outside the stipulated time frame.
"It is my considered view that there was no valid judgment in the Delta State appeal, accordingly, I declare the judgment of the court below including its reasons as null and void and this appeal is hereby struck out."
Dissatisfied with the decision of the apex court to strike out the suit, even after it declared the lower court verdict as a nullity, Ogboru, re-approached the court, asking it to reverse itself.
Arguing through his counsel Dr. Dickson Osuala, Ogboru insisted that the apex court acted wrongly, saying it should have invoked section 22 of the Supreme Court Act and heard his substantive contention against the said election or issued a consequential order remitting the petition back to governorship election petition tribunal for re-trial.
Ogboru further told the court that his former lawyer, Mr. Sabastine Hon, (SAN), withdrew his earlier motion without his authority and consent in a suspicious circumstance.
However, in its unanimous judgment, the court exonerated Mr. Hon from allegations of complicity and comprised, describing them as lacking in substance.
The court took a swipe on the applicants for trying to impugn on the integrity of a senior member of the judiciary describing it as a dangerous precedent.
It stated; "When a counsel is instructed by a client to hold his brief, he is entitled to his own opinion. The conduct of the case lies solely on the discretion of the counsel and he should be given a free hand to conduct the case in his own way. To hold the counsel in self-esteem is to set a dangerous precedent. He is neither a stooge nor slave to his client as he is entitled to his own professional skill.
"Until his authority is withdrawn, he has the right to exercise his discretion within his own professional skill. There is no evidence that Mr. Hon compromised the case and subjecting him to intimidation is setting a dangerous precedent in the legal profession."
Justice Sulieman Galadima who read the lead judgment held that the application was a gross abuse of court and is hereby dismissed.
Via: Sun News Online