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The Court of Appeal sitting in Abuja, Friday, dismissed the interlocutory appeal filed by Social Democratic Party (SDP) Gubernatorial candidate, Chief Kenneth Gbagi against the ruling of the Governorship election tribunal sitting in Asaba, the Delta State capital.
Gbagi had attempted to tender a gazette after parties had closed their case and the tribunal adjourned for judgment. The application was dismissed by the tribunal who deemed it an abuse of Court process.
Not satisfied with the tribunal’s decision, Chief Gbagi appealed to the Court of Appeal. In its judgement, the Court of Appeal said the tribunal exercised its discretion judiciously in dismissing the application.
The Court presided by Justice Muhammed Lawal Shuaibu also held that Chief Gbagi was unable to show how the gazette was relevant to his case or the overall justice of the case.
Furthermore, the Court of Appeal was of the opinion that the gazette being a law, is one of those items that the tribunal can take judicial notice of, and there was no need for the hue and cry by Chief Gbagi in attempting to tender it.
The Court also chastised the 6th and 7th Respondents for conceding to the Appeal instead of filing a cross appeal.
On the whole, the appeal was dismissed by a unanimous decision of the three member panel.
