Gbade Ogunwale, Abuja
The leadership of the Young Progressives Party (YPP) has kicked against the decision of the Court of Appeal to reconstitute the three-man panel that will decide the appeal filed before it by the Uba brothers – Chris and Andy – against Senator Ifeanyi Ubah’s victory in the Anambra South Senatorial District election.
The Election Petition Tribunal had earlier upheld the victory of Senator Ubah, who contested on the platform of the YPP, in two separate suits filed by Chris and Andy Uba challenging Ubah’s victory.
Chris Uba contested the election on the platform of the Peoples Democratic Party (PDP) while Andy Uba contested on the All Progressives Congress (APC).
However, the Appeal Court, which had earlier fixed hearing in the appeal for October 31, later changed it to October 22, then announced yet another shift in date to October 25 (today).
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The appellate court also announced the composition of membership of the panel without disclosing the identities of members of the new panel, 24 hours to the commencement of hearing.
But, the YPP protested the non-disclosure of the identities of the judges on the new panel, insisting that the names of the judges must be made public.
At a media briefing in Abuja, the national chairman of the YPP, Mr. Bishop Amakiri, said the party “smells a rat” with the constant shifts in dates and the reconstitution of membership of the panel.
Narrating the inconveniences suffered by Ubah and his legal team over the shifts in dates, Amakiri said: “Lawyers in the matter had to immediately rush down to Enugu from various parts of the country ahead of the hearing.
“However, at about 4pm on the said 21st of October 2019, our lawyers were informed that the hearing of the Appeals had been called off and that a special panel of Justices of the Court of Appeal would be constituted by the Honourable President of the Court of Appeal for hearing of election matters, including the Appeals lodged by Chris Uba (in Appeal No. CA/EAPP/20/2019) and Senator Andy Uba (CA/EAPP/23/2019).
“Our party has made efforts to inquire into the rationale for the abrupt change of the panel of the Court of Appeal hearing the matter to no avail.
“We have also made efforts to find out the new composition of the panel of the Court of Appeal that are being sent to hear the appeals to no avail.
“Again, the Court of Appeal today (Wednesday) the 23rd of October 2019, informed our lawyers that the Appeals in Appeal No. CA/EAPP/20/2019 (Chief Chris Uba v INEC) has been fixed for hearing on the 25th of October 2019.”
Amakiri maintained that the composition of the panel is fundamental to the impartiality of the court, adding: “While our party has implicit confidence in the judiciary, including the Court of Appeal, we believe that there should be explanations for the changes in the composition of the panel of the Court of Appeal, Enugu.”
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