The Court of Appeal sitting on Thursday has struck out a motion by former Governor Gabriel Suswam, seeking to stop the appellate court from entertaining an interlocutory appeal by Senator Emmanuel Udende, Benue North East (APC).
Senator Udende filed the Notice of Appeal, after the National/State Houses of Assembly Election Petition Tribunal sitting at Makurdi, set aside its ruling foreclosing Suswam from further calling witnesses in his petition. The ruling was delivered by the Chairman of the panel, Honourable Justice Ory Zik-Ikeorha, on July 17, 2023.
When the appeal came up on Thursday, in Abuja Suswam's lawyers moved the motion that Sen Udende and APC should not be heard because the appeal is overtaken by events and as such academic.
"We said no and the court agreed with us. They, therefore, withdrew their motion and it was struck out," Innocent Daagba, Esq, APC counsel said.
It could be recalled that Suswam was foreclosed from further calling witnesses on the ground that the five weeks allowed him had elapsed. He had called eight witnesses at the time the petition was set down for adoption of final written addresses.
"We were ready to adopt addresses when Suswam and his lawyers brought a motion that they be heard.
"We argued that the Tribunal cannot sit over its own ruling. Very strangely, the Tribunal says it has the powers," Daagba went on.
The appeal was argued and judgment was reserved, Daagba noted.