The Appeal Court sitting in Makurdi, the Benue state capital, on Friday dismissed appeals filed separately by the trio of Governor Samuel Ortom, Independent National Elections Commission (INEC) and the People’s Democratic Party (PDP) against Emmanuel Jime and the All Progressive Congress (APC).
The court also awarded N200,000 each as cost against the appellants.
The trio are respondents in a petition filed by Emmanuel Jime and the All Progressive Congress (APC) at the tribunal holding at Makurdi.
The five (5) Man appeal panel led by Hon. Justice Jummai H. Sankey while dismissing the appeals in a unanimous decision described the appeals as lacking in merit and abuse of court process.
INEC, Samuel Ortom and the PDP had, in separate appeals approached the Court of appeal to challenge the decision of the lower court (Tribunal) to reserve ruling on applications filed before it till the final day of judgement.
The appellants variously argued and submitted before the appeal court that differing ruling on applications to the last day of judgement amount to denial or breach of fair hearing.
But in its ruling, the appeal court declared that the appellants failed to show course on how their right to fair hearing is breached or threatened.
“We have painstakingly looked at the arguments canvassed by the applicants but failed to see where and how their right for fair hearing is breached.
“We rather found out that the cry for denial of fair hearing is speculative, and since speculation has no place in law, we hereby declare that this appeal is lacking in merit and is hereby dismissed.
“we are doing everything possible to discourage these appeals brought before us in piecemeal.
“Counsels should educate their client on the need to wait till judgement is delivered at the lower court before approaching the appeal court,” the court ruled.
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