The Court of Appeal sitting in Abuja on Saturday struck out the motion for extension of time filed by the Akwa Ibom Peoples Democratic Party, PDP, governorship candidate, Mr. Umo Eno.
The embattled governorship candidate, Eno, is standing trial for alleged forgery of his educational certificates.
On Saturday 24th December, the Court of Appeal sitting in Abuja struck out motion filed by the PDP and Umo Eno begging for an extension of time to file their reply to an appeal brought before the Court by Mr Akan Okon.
Okon, a former commissioner for Economic Development and Ibom Deep Seaport and governorship aspirant in the state had appealed the November 12 judgment of a Federal High Court in Uyo which cleared Eno of allegations of certificate forgery.
The PDP and Umo Eno’s legal team led by Mr Paul Usoro, SAN, applied for an extension of time after failing to file their briefs within the five (5) days on service of notice of appeal.
Usoro, in a-8 paragraph affidavit and document attached as exhibit PD1 and PD2 prayed the court to apply section 285 of the Constitution of 1999 to the effect that the application for departure for the time allowed to file briefs.
The lead counsel to the Appellant, Mr Okey Ameachi, SAN, on the other hand argued that section 285 of the Constitution does not apply in the instant case as no issue touching on jurisdiction of the case is being raised, therefore the motion for departure be treated as a simple application for extension of time.
Ameachi submitted that the court by the provisions of the practice directive for pre-election petition proceedings 2022 and in respect of the instant case has no power of extension of time.
In their ruling on the application, the three member panel of the Appeal Court Justices, led by the President of the Appeal Court, Honourable Justice Monica Dongban-Mensaem, said that they have carefully listened and also carefully considered the process and submission for and against the application.
