N8million fine to
Emmanuel Uduaghan of Delta and 3 others for
abuse of court process, PM News reports
Osuala was counsel to Chief Great Ogboru, candidate of the Democratic
People’s Party in the 2011 Delta governorship election. Other parties in
the N8 million cost are the PDP, INEC, and the Attorney General of the
Federation (AGF) who are to get N2million each.
Osuala had, on behalf of his client, applied for a review of the court’s
judgement which in 2013 upheld the election of Uduaghan of the PDP. He
had claimed in his application that, Section 285 (7) of the 1999
Constitution which the Supreme Court relied on to dismiss the case, was
“fraudulently inserted by the National Assembly”.
He argued that due process was not followed by the National Assembly on the
section.
The counsel, therefore, submitted that it was wrong for the apex court to have
relied on it to dismiss his client’s case in 2013.
Delivering his ruling, Justice Walter Onoghen blamed Osuala for not advising
his client rightly and embarking on a clear case of gross abuse of the court
process.
“The said N8 million is awarded as cost against the person of Dr. Dickson
Osuala and is to be paid from his pocket to the respondents.
“The plaintiff, through his counsel, wants to resurrect a dead and buried horse.
“The plaintiff’s counsel should advise his client to take his case to heaven if
he is not satisfied with the court’s ruling,” he said.
Onoghen said it was not the business of the court to amend the constitution,
but that of the national assembly.
He advised him to go to the National Assembly or the Federal High Court to
challenge the section of the constitution which he considered defective.
Osuala rejected the advice, adding that nobody should be allowed to benefit
from a defective law.
NAN reports that Ogboru had twice applied for a review of the judgement but
the Supreme Court had turned down his prayer on both occasions.
Source: PM News
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