Hon Aphonsus Ojo
The Court of Appeal sitting in Benin on 29 April, 2014 gave judgement on INEC appeal on an earlier ruling of the Federal Court in Asaba declaring the seat of Ukwuani Constituency Vacant, following the defection of Hon Ojo Aphonsus, representing the Ukwuani Constituency to PDP from DPP.
In the said ruling of the case no CA/B/166/2013, which was heard on February 10, 2014, INEC appealed against the earlier judgement of the trial court, federal High Court Asaba, delivered by Justice Olorutegun Ishola on first of March, 2013. In a text message to Ndokwa Reporters, the Media aid to Hon Ojo, Mr. Edwards Okolo gave a vivid detail on why the decision was reached by the Appeal Court Judges. According to him, the 2013 judgement by the Lower Court gave a judgement that a bye election be conduct in Ukwuani Constituency. This INEC appealed against, which according to INEC was not served notice on the case. So being the Umpire the Commission was not properly informed, and was not giving fair hearing.
Consequently, the Justices of the Appeal Court, relying on the a Supreme Court authourity held not allowing the INEC the opportunity to state their case was a violation of their fundamental human right as contained in section 36 of the Constitution of the federal Republic of Nigeria, thus leading to setting aside the judgement of the trial Court, and the matter returned to the Federal High Court for re-trial by a panel headed by His Lordship Justice Morenikiji Ogunwumiju P.
Consequent on the judgement, a sister case, CA/B/181/2013 was accordingly struck out as it no longer has any foundation owing to the fact that the judgement of the trial court has already been set aside as delivered in the INEC appeal.
However, while, the Counsel representing, the DPP agrees with the submission of Hon Ojo’s media aid, he however said that the lead appeal instituted by Hon Ojo against the earlier judgemnt of March 2013, is yet to be decided. Bar Robinson Ndugbu, who spoke to Ndokwa Reporters in his office said that the appeal of Hon Ojo, was initially supported by that of the Speaker, Delta State House of Assembly and the State House of Assembly.
Continuing, the Counsel, said the issue that Hon Ojo defected to PDP from DPP as a result of internal crises was false, but rather he did that based on a letter he wrote to the party of his intention to move out of the party. And it was based on the fact that the trial judge, in March 2013 gave the judgement declaring the Ukwuani Constituency Seat Vacant and a re-run election be carried.
When asked why his continuous interest in the case, following the fact the DPP no longer exists in the area, he said that the case has a respondent, who still want the case continued, for justice to prevail.
