The Court of Appeal, Abuja Division has upheld the candidacy of Dr Richard Egenti as DNA Federal representation for PDP.
Read The Full Judgement!
Justice ige , Justices kutigi and Justice Ada justices of the court of Appeal Abuja division unanimously delivered a ruling on the motion for dismissal filed by counsel to Dr Richard Egenti, earlier today
In that motion counsel to Dr Egenti argued that the notice of appeal filed by the national legal adviser to PDP Barr emoiden should be dismissed for been incompetent. He argued that the judgement of the lower court transmitted by ayika and PDP were fake and unsigned.
Therefore court querried them on why they should transmit a fake judgement of the lower court?And of Which the counsel of Ayika argued that it was the real judgement of the lower court.
However counsel to Dr Egenti filed a 27 paragraph counter affidavit with the real judgement of the lower court which was different from the fake judgement transmitted by ayika and pdp
Dr Egenti,s counsel relied on the latest supreme Court authority in the matter of fCdA staff multipurpose cooperative society vs samchi & others citation 2018:
LPELR -44380. CA
It says and I quote’
“The position of the law is trite and tested that an unsigned and undated judgement is null and void and of no effect whatsoever, it’s simple.9The court has no more interest if the parties chose to rely on an invalid document”
Also counsel to Dr Egenti cited akpan vs fbn plc 2018 )10 NWLR pt 1628.581 .CA
It stated that “the proper order where a record of appeal are incomplete, once established is for the court to strike out the appeal for been incompetent”.
The court agreed with counsel to Dr Rich Egenti and dismissed the PDP & ayika appeal for been incompetent.
The substantive suit was not debated for their appeal was dismissed for been incompetent as their entire appeal was predicated on a fake and unsigned judgement of the lower court transmitted to the court of appeal.
PDP & ayika cannot file a fresh notice of appeal because time has elapsed to file a fresh appeal going by the new amended Nigeria Constitution which allows appeal to be filed not more than 14days from the date the judgement of the lower court was issued.
The judgement of the lower court was issued Oct 31st 2018.
Hence he has up till 14th November 2018 to appeal against the judgement of the high Court.
Confirming the story, Dr Richard Egenti said it was a substantiation of his position all along that the good people of DNA Federal Constituency people believe he has Ability to represent the at Green Chamber.
He also said that the judgement was concise , perfect and we’ll thought out, It is the work of the world aclaimed legal minds.
He also called on Hon Valentine Ayika to take the decision of the Court of Appeal in good faith and join hands with him to clench the seat come 2019 general elections for the betterment of DNA Federal Constituency.
Let’s Get DNA Federal Constituency, Nigeria working Again.
Mbanugo Onyeka Nelson reporting from Awka…..