Court Makes U-turn On Anambra Senatorial Seat Judgement
A Federal High Court sitting in Abuja has made a U-turn, reversing its own judgment which declared Dr Obiorah Okonkwo as the Senator Representing Anambra Central Senatorial District.
The judgement which was delivered on December 13th, 2017 directed the Senate President to swear-in Okonkwo of the Peoples Democratic Party (PDP) as the elected Senator.
Justice John Tsoho, however, set aside the judgment on the grounds that the plaintiff, Dr Obiorah, mislead the court to get the consent judgment.
Delivering ruling in an application for variation of the judgment filed by the Independent National Electoral Commission (INEC) to enable it to conduct the Anambra central senatorial district re-run election of January 13th.
Justice Tsoho said his judgment is liable to be set aside because it is not based on merit.
The judge took judicial notice of three judgments from the Court of Appeal which had ordered INEC to conduct the Senatorial re-run election for the Anambra central senatorial district within 90 days without the participation of the PDP.
Justice Tsoho said that in the doctrine of precedence, the Court of Appeal’s decisions takes precedence over that of the Federal High Court.