Vandeikya/Konshisha: Yongo Withdraws Appeal Against Hembe

By Achusa

Court of Appeal, Makurdi Judicial Division today dismissed appeal entered against Herman Hembe following application for withdrawal, moved by Simeon Yongo's legal representative.

The appeal sought to upturn the decision of a Makurdi High Court, delivered on 25th July, 2019 dimissing Yongo's bid to invalidate the substitution of his name for Hembe as the APGA candidate for 2019 Vandeikya/Konshisha Federal Constituency election. Yongo said he was nominated as the APGA candidate for the poll and was wrongly substituted for Hembe.

When the appeal came up for hearing, the appellate court observed that the suit was filed out of time at the lower court and that the decision thereto was also delivered out of time contrary to the provision of Section 285(9) of the Constitution.

Following the advice of the court, Yongo's counsel applied to withdraw the appeal.

Just before the application was made, S. B. Luga, who appeared for Hembe urged the court to strike out the appeal for being incompetent.

According to Luga, the subject matter of the appeal is no longer alive and that the statutory period for a trial court to adjudicate on the matter has elapse. He referred to Section 285(9) of the Constitution, which provides for 14 days to initiate action on such matters and urged the court to strike out same with Five Hundred Thousand Naira (N500, 000. 00) Only as cost.

On his part, Collins Nansha, who appeared for INEC also urged the appellate court to strike out the appeal for being incompetent. He refers to the authority of Akeredolu Vs Ibrahim 2018 LPELR 4607 SC, in urging the court to dismiss the appeal with "heavy cost."

In a short decision delivered by the Presiding Judge of the court Honourable Justice Jumai Sankey, the Court of Appeal held that since the appeal is withdrawn for being incompetent and that the suit filed at the lower court was out of time, Order 11 Rule 5 of the Court of Appeal Rules 2011 cloth it with the powers to strike out the appeal and struck out same as a consequence.

The court therefore, award the cost of Two Hundred Thousand Naira (N200, 000. 00) only against the appellant.

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