Alphonsus Igbeke
Nigeria’s Supreme Court earlier on Friday affirmed the decision of the Court of Appeal which on July 12, 2012 had declared Margery Okadigbo, the widow of former Senate President Chuba Okadigbo, as the senator representing Anambra North.
It was obtained and published the apex court’s judgment before it was delivered today by a five man-panel. In the verdict, the court decided that the appellant, Alphonsus Uba Igbeke, had an untenable case that effectively invited the court to retreat from a principle it had established in four other cases.
The lead judgment, delivered by Justice Suleiman Galadima, stated that Mr. Igbeke should not be allowed to reopen a case that had been decided. “There must be an end to litigation,” said the justices, adding that Mr. Igbeke was seeking “to set aside the judgment of the Court of Appeal and in its stead restore the judgment of the Federal High Court Abuja.” In pushing back against the appeal, the justices agreed with Ms. Okadigbo’s counsel that Mr. Igbeke had created a legal quagmire for himself.
The lead judgment, delivered by Justice Suleiman Galadima, stated that Mr. Igbeke should not be allowed to reopen a case that had been decided. “There must be an end to litigation,” said the justices, adding that Mr. Igbeke was seeking “to set aside the judgment of the Court of Appeal and in its stead restore the judgment of the Federal High Court Abuja.” In pushing back against the appeal, the justices agreed with Ms. Okadigbo’s counsel that Mr. Igbeke had created a legal quagmire for himself.
Justice Galadima declared that the “hearing of this appeal will have the effect of inviting this court to sit on its own decision having become functus officio on the issue submitted and conclusively dealt with in SC 69/2012, which are on all fours as these in the present appeal.” The court also concluded that Mr. Igbeke’s appeal effectively constituted an abuse of court process.
Mr. Igbeke had appealed a decision of the Court of Appeal affirming Ms. Okadigbo as the PDP Senator representing Anambra North Senatorial District. The appellate court had quashed an earlier decision of a Federal High Court upholding Mr. Igbeke as the duly elected senator for Anambra North in the April 2011 general elections.
Mr. Igbeke had appealed a decision of the Court of Appeal affirming Ms. Okadigbo as the PDP Senator representing Anambra North Senatorial District. The appellate court had quashed an earlier decision of a Federal High Court upholding Mr. Igbeke as the duly elected senator for Anambra North in the April 2011 general elections.
Late yesterday, it was obtained a copy of the Supreme Court verdict, breaking the news that the court was going to rule for Ms. Okadigbo ahead of the official delivery of the judgment. A legal source confirmed that the justices were outraged that their judgment had been leaked to us. “The justices vowed to discover who leaked the judgment,” said our source.
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