From Paul Osuyi, Asaba
The Abuja Division of the Court of Appeal has dismissed the interlocutory appeal filed by the governorship candidate of the Social Democratic Party (SDP) in Delta State, Kenneth Gbagi.
Gbagi, a former Minister of State for Education had appealed the ruling of the Governorship Election Petition Tribunal sitting that dismissed his application to tender a gazette after parties had closed their case and judgement reserved by the tribunal.
In dismissing the application, the three-member tribunal headed by Justice C.H. Ahuchaogu, held that it was an abuse of court process.
Ruling on Gbagi’s appeal, the appellate court the tribunal exercised its discretion judiciously in dismissing the application.
The court presided over by Justice Muhammed Lawal Shuaibu, also held that Gbagi was unable to show how the gazette was relevant to his case or the overall justice of the case.
Furthermore, the Court of Appeal was of the opinion that the gazette being a law, is one of those items that the tribunal can take judicial notice of, and there was no need for the hue and cry by Gbagi in attempting to tender it.
The court also chastised the 6th and 7th respondents for conceding to the appeal instead of filing a cross appeal.
On the whole, the appeal was dismissed by a unanimous decision of the three-member panel of justices.
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