The Court of Appeal, Abuja, on Thursday dismissed a request by former Governor of Benue State, Gabriel Suswam, attempting to prevent the appellate court from hearing Senator Emmanuel Udende (APC Benue North East)’s interlocutory appeal.
Senator Udende filed the Notice of Appeal after the National/State Houses of Assembly Election case Tribunal in Makurdi overturned its own judgement, which barred Suswam from calling any more witnesses in his case.
On July 17, 2023, the panel’s Chairman, Honourable Justice Ory Zik-Ikeorha, issued the decision.
Suswam’s attorneys filed a counter-motion in the appellate court on Tuesday, arguing that Sen Udende and the APC should not be heard since the appeal had been overtaken by events and was thus academic.
However, the APC lawyers contested the application, and the court agreed, and Suswam’s request was therefore dismissed, according to Innocent Daagba, Esq, who appeared for the APC.
Suswam was barred from calling any more witnesses since the five weeks allotted to him had expired. At the time the petition for adoption of final written addresses was laid down, he had called eight witnesses.
“We were about to adopt addresses when Suswam and his lawyers filed a motion to be heard.” We contended that the Tribunal could not sit over its own decision. “Strangely, the Tribunal said it has the powers,” Daagba continued.
The panel recently overturned Senator Emmanuel Udende’s (APC Benue North East) election and proclaimed Gabriel Suswam the winner.
Senator Udende then filed an appeal against the tribunal’s decision.
Dasgba stated that the appeal has been argued and is awaiting a decision.
