Appeal court orders Gov Chime to file defense brief within 15 days

The Court of Appeal on Friday in Abuja gave Gov. Sullivan Chime 15 days to file his respondent brief against an appeal challenging his position as governor of Enugu State.

The appellant, Chief Alex Obiechina, had approached the court to challenge the Federal High Court's decision to decline jurisdiction on his suit against the governor.

Justice Monica Dongban-Mensem who presided over the case, gave the order following Obiechina's application for the abridgment of time to hear his appeal.

“We understand the rules of the court give the respondent 45 days within which to file his respondent brief, but sacrifice must be made to ensure accelerated hearing of the appeal.

“We appreciate the magnanimity shown by chief Mrs Anayo Offiah (SAN), counsel to the governor in accepting to concede to a lesser period to respond to the appeal,'' she said.

However, the panel further granted a motion filed by Mr Oba Maduabuchi, counsel to the appellant seeking the hearing of the appeal without responses from INEC.

“In the circumstance, the appellant's application seeking the continuation of the appeal without brief from INEC is hereby granted.

“This is more so that INEC has not found it pertinent to file a motion seeking for extension of time to respond appropriately,'' she said.

The appellant had asked the court to invoke Section 15 of the Court of Appeal Act to assume first court of instance and hear both the appeal and the main suit.

He is contending that the trial court was in obvious error when it held that he (the appellant) did not participate in the governorship primaries of the PDP of Jan.12, 2011.

Obiechina had argued that the governor became the party's candidate in the 2011 election through fraudulent means and therefore prayed the court to reverse the trend.

Dongban-Mensem has fixed Dec.5 to hear the appeal.