The Ebonyi South Senatorial Candidate of the People’s Democratic Party PDP in the Feb 3rd 2024 By-election in Ebonyi South zone, Barr Silas Onu, Counsel to the Senator Representing Ebonyi South Zone, Senator Anthony Ani, yesterday trade words over call by Barr. Onu for the disbandment of the Tribunal panel.
In a petition dated 29th April 2024, addressed to the President Court of Appeal and made available to Journalist, Barr. Onu maintained that he does not have an iota of confidence in the ability to dispense justice in the petition by the panel.
Barr. Onu said that on 15th of April 2024, upon the closing of pleadings and an application for the issuance of pre-hearing notice, electoral materials, specifically the BVAS was specifically pleaded in the petition.
The motion was opposed by the 2nd and 3rd Respondent on the grounds other than law or facts, while the 1st Respondents (INEC) against whom the application was made did not oppose it.
We made our case for the grant of the order for inspection to be done during the trail and supported the application with a recent Supreme court decision showing that the Tribunal has the power to grant such an application in the interest of justice.
“The 2nd and 3rd respondents also pleaded the BVAS in their respective replies to the petition. On Saturday, being the 27th of April 2024, the Tribunal delivered it’s ruling on the application dismissing same on the ground that granting it will amount to amending the petition.
“This claim by the Tribunal can best be described as arguing the case of the respondent in the most untruthful manner and it can never be acceptable to me and should not be allowed to infest the already beleaguered reputation of the Nigeria judiciary, especially in election cases.
“Firstly, in refusing the application, the Tribunal claimed that the petitioner did not plead BVAS. This is not only false, but manifestly wicked and clearly intended to pervert justice by denying the petitioner the right to present their case and evidence before the Tribunal, because the BVAS was copiously pleaded in paragraph 42(16) of the petition at page 32.
“As if their blatant disregard for justice was not enough, the Tribunal without availing me with a copy of the ruling for my perusal so as to decide the next line of action had hurriedly fixed yesterday Tuesday 30th April 2024 for tendering of documents from the Bar, then Thursday 2nd May 2024 for opening my case which by their pre-hearing report should close by Friday 3rd May 2024.
He expressed concern over the inability of the panel to give chance for their perverse ruling to be challenged on appeal but rather plans to rush the case in order to ensure that this vital evidence BVAS does not form part of documents that will be presented at the trail.
He noted that the petition is not intended to substitute the judicial remedy for the biased rulling which will be appealed against adding that the petition is an administrative approach which has become necessary as the petitioner, no longer have confidence in the ability of the panel to be neutral.
“The needs to replace them is now urgent and real. He noted that the panel members are lodged in a place called Cirenes Hotel in Abakaliki. This hotel belongs to a very well-known APC stalwart. With this obvious biased ruling, I am free to tie up all loose ends and draw a conclusion that the panel in under influence.
I have seen, from the conduct of the panel on this ruling that they are brutally unjust and are not interested in doing any justice to the petition.
He maintained that he will appeal the ruling and have instructed his legal team to immediately file an appeal adding that the petition is to administratively register his total lack of trust in the panel as they are manifestly bias and not interested in doing justice. I have no confidence in the collectively ability of the names members of the panel to do justice in the case.
Continuing with this panel is tantamount to having a seal fate, as nothing just can come from them. I have taken this step not because I am afraid of losing a case, I have long before now been an advocate of justice sector reform.
Reacting to the call, Counsel to Senator Anthony Ani, Barr. Roy Umahi expressed regret over the call for the disbandment of the Tribunal panel.
In the letter to the President of the Court of Appeal, the writer insulted the Tribunal judges. That is wrong. Feeling dissatisfied with the ruling of the Tribunal, you started insulting the judges of the Tribunal.
How can you write to the President of the Court of Appeal without first coming to the court to ask judges to recuse themselves. We must approached the judges with respect and candor. We can’t use uncounth languages on judges.
He called for the full investigation into the allegations made by Barr. Onu. Ends.
