Outcome of Lawsuit Between Frank Ossai Vs APGA, Others (PRESS RELEASE)

Category: Nigeria News

 

Press Release By Hon Frank Ossai on outcome of suit no FHC/ABJ/CS/1285/2022 Between Frank Ossai versus APGA and three others.

The Federal High Court sitting in Abuja today has delivered its ruling in a suit I brought to challenge the submission of name of Daniel Omeco Ekorhi and the further substitution/submission of the name of Destiny Akpovoka as the nominated candidate of APGA for Ughelli North/Ughelli South/Udu Federal Constituency. The court has given its judgement and ruled that we filed our process outside the 14 days that is provided by the Constitution of the 1999 Federal Republic of Nigeria as amended.

In the light of in the above my Lord, the clear and unambiguous provision of the 

Constitution which provides for 14 days from the “date of occurrence of the event decision or action complained”. The 14 days from the date of occurrence of the event my Lord clearly omits the date of the occurrence and the event starts counting from the following date. That is the intendment of the Interpretation Act as well as the position of the law as laid restated in AKEREDOLU VS AKINREMI (1985) 2NWLR (PT. 10) 787. Where the Supreme Court held inter alia that the word in computing time in a legislation of time within which an act must be done, the date of the occurrence has to be excluded. The word ‘from’ has a different context from the word ‘on’. As the word ‘on’ in our humble opinion would easily be interpreted to include the day of the occurrence of the event whilst ‘from’ would be imputed not to include the day of occurrence of the event. See RADCLIFFE VS,
BARTHOLOMEW [1892] 1 QB 161.

Although we do not agree with the Court's decision and we have set out the machineries to have the reasoning of the Federal High Court Judge re-assessed at a Higher forum by Appealing the said judgement at the Court of Appeal where we are sure of better audience and appreciation of our brief.

We enjoin all friends, associates, teeming supporters and the general public to be rest assured that justice would be done and our stolen mandate would be recovered.

Hon Frank Ossai