Samdaddy, Ihedioha’s case resumes at federal high court today

The Federal High Court, Owerri Division has fixed Wednesday 16th, Thursday 17th, and Friday 18th January, 2019 for the continued hearing of the matter brought by Sen. Samuel Anyanwu challenging the outcome of the October 1st 2018 PDP governorship primaries in Imo State that
produced Hon Emeka Ihedioha.
This is sequel to the ruling of the Court of Appeal, Owerri Division, which directed the Federal High Court, Owerri, to continue hearing on the matter instituted by Sen. Anyanwu, against Hon Emeka Ihedioha, the Peoples Democratic Party, PDP, and the Independent National Electoral
Commission, INEC.
Mr Ken Njemanze, SAN, on behalf of Hon Emeka Ihedioha, filed the appeal against the ruling of the Federal High Court, Owerri, not to hear the preliminary objection he brought challenging the jurisdiction
of the Court to continue to hear the matter brought by Anyanwu against Ihedioha, PDP and INEC.
The appeal also challenged the Federal High Court ruling admitting the amended motion brought by Sen. Anyanwu which seeks to declare him the winner of the primaries, which they argued is time barred. Ihedioha’s counsels also sought an oral application asking the Appeal Court to transfer the substantive suit to another High Court Judge in the case the their appeals were not granted.
After taking the arguments of counsel on all sides, the Appeal Court Judges ruled that “continuing to hear the appeal on the preliminary objection alone, would hinder the lower Court from hearing and
determining the suit brought by Senator Samuel Anyanwu within the 180 days as provided by Section 285 (10) of the 1999 Constitution of the Federal Republic of Nigeria (Fourth Alteration), Act No. 21, 2017.”
The Justices were also of the view that should they continue with the hearing of the appeal brought by Njemanze, it would further deplete the 88 days remaining for the trial and determination of the suit
filed by Anyanwu at the Federal High Court.
The Court therefore directed that “the preliminary objections and any other appeal arising therefrom, should wait and be taken along with the final judgment in the substantive suit, so that all appeals can be
appropriately brought and determined by the Court of Appeal at once.”
The Appeal Court therefore, struck out Ihedioha’s appeals, and directed that hearing should continue and all objections be taken along with the substantive suit at the Federal High Court.

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