to pay N8million fine to Governor Emmanuel Uduaghan of Delta and 3
others for abuse of court process, PM Newsreports.
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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