This development has added to the controversy trailing the Anambra Central senatorial election rerun . The rerun is expected to hold on Saturday March, 5, 2016. However, in event the application is sustained by the five-man panel of justices led by Justice H. M. Ogunwimuji, the fresh election already scheduled by INEC may be put on hold. This is also coming after a Federal High Court, sitting in Abuja had ordered INEC to include PDP on the ballot for the coming polls. The Appellate Court presided over by Justice A.H. Yahaya had last December ordered the Independent National Electoral Commission, INEC to conduct fresh election in the senatorial zone within 90 days after nullifying the election of Ekwunife on the basis of improper nomination and sponsorship by her party, the PDP. But dissatisfied by the judgment and following other judgments by Appeal Court sitting in Abuja as well as the Supreme Court to the effect that issue of nominations and sponsorship of candidates should not be entertained by the tribunal, Ekwunife had returned to the appellate court asking that the judgment ousting her from office be set aside insisting that allowing it to stand would amount to grave injustice. However, at the hearing of the application, Counsel to Ekwunife, Alex Izinyon in his submission said the judgment ousting Ekwunife remained a nullity as the court lacked jurisdiction to look into the issue of nomination and sponsorship of her candidacy more so when the same court upheld the elections of Senator Andy Ubah (Anambra South) and Senator Stella Oduah (Anambra North) despite coming from the same “legal embryo”. “The issue is that we are saying that the court of appeal having decided issue of nomination and sponsorship of candidate as the main issue nullifying the election of Ekwunife, they had no power or jurisdiction to go into that area at all, therefore, if that’s the case, the judgment they have given relating to that is a nullity and should be set aside. “We are not saying review it, we said they had no power to go into that one because that was the summary of the issue that was determined in that judgment. The other two senatorial districts came up and they were decided the other way round, why should it be an exception, they came from the same legal embryo, same primaries, same political party. “Therefore, there was no basis for that judgment against her; now we also said that since the issue has been settled even by the Court of Appeal in Abuja on the Taraba matter. “When it is sponsorship and nomination, it’s a no go area for the tribunal and it’s been affirmed by the Supreme Court. So, this is the issue,” he said. On the issue of 60 days as provided in the Electoral Act as a period within which election appeal matters must be dispensed with, Izinyon said the issue at hand had nothing to do with election, insisting that “in law when the law says 60 days, it has to do with when you are doing election appeal proper. We are saying here that there is no issue about election appeal, The issue before the court now has nothing to do with election, we are not talking about 60 days”. Ekwunife banking on the judgement of the Supreme Court on Taraba state which stated that a none party member can not challenge the out come of another party primaries went to Appeal Court seeking judicial review. After hearing on the application yesterday, the Appeal Court Enugu reserved judgement to Thursday.]]>

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