ABA- A PDP governorship aspirant in Abia state in the December 8, 2014 primaries, Sir Friday Nwosu, who filed a tax forgery suit against Govenor Okezie Ikpeazu, has withdrawn his appeal at the Supreme Court, stressing that he withdrew to allow the Court of Appeal to hear and conclude the matter.
Nwosu had filed a motion at the Supreme Court praying it to take over the appeal from the Court of Appeal, Owerri, or order it to determine it expeditiously. Following the withdrawal of the motion, the Supreme Court struck it out on 8th November, 2016.
A five man panel of the Court of Appeal sitting at Owerri, headed by Justice R.C. Agbo which was constituted to hear the appeals arising from the July 8, 2016 judgment of the Federal High Court, Owerri, had on October, 20, 2016, adjourned indefinitely pending the determination of Nwosu’s motion by the Supreme Court.
Praying the Court of Appeal, Owerri, to issue hearing notice on the appeal and determine it expeditiously, an affidavit sighted by Sunday Vanguard, deposed by one of Nwosu’s lawyers, Ben Ukandu, at the Court of Appeal Registry, Owerri, read, “On the 8th November, 2016, the application filed at the Supreme Court on 26th September,2016 for the Supreme Court to assume jurisdiction to hear Appeal No. CA/OW/190/2016 was withdrawn on the instruction of our client, Sir Friday N. Nwosu and it was accordingly struck out by the Supreme Court sitting on the 8/11/2016.
“It will be necessary to pray your Lordship to graciously hear our client’s Appeal and deliver judgment one way or the other, for him or against him, but a situation where the Appeal is not heard and over taken by a subsequent suit which is an abuse of the processes in this suit and Appeal, as the Respondents are dragging and spiritedly endeavouring to achieve will be to say the least preposterous. That it is interest of just and fair hearing for my Lord to direct the issuance of hearing notice in this appeal, urgently.
“That this affidavit of fact is necessary to clear any doubt about the withdrawal of the said application withdrawn and struck out on 8th November, 2016.”