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The Court of
Appeal sitting in Enugu, yesterday ordered the Senate president, David
Mark to swear in Alphonsus Igbeke (ANPP) as the senator representing
Anambra North Senatorial Zone.

The court also
ordered that the clerk of the Senate should comply with the order,
which it had earlier disobeyed by permitting former senator, Joy
Emordi, to return to her seat at the Senate by the leadership.

As she received
news of her second defeat at the Appeal Court yesterday, Mrs Emordi
silently walked out of the senate chamber during the usual plenary
proceeding.

She had, only on
Tuesday, received her April salary and a N40 million constituency
allowance for the second quarter immediately she returned to the office.

The court had, on March 25, declared Mr. Igbeke winner of the senatorial polls of April 14, 2007 for Anambra North.

Following the
order, the Independent National Electoral Commission (INEC) withdrew
the certificate earlier issued Mrs. Emodi to Mr. Igbeke in compliance
with court directive.

But the court, in
a lead ruling delivered by Suleiman Galadima, decried the senate’s
refusal to comply with the March 25 judgment and berated counsel
representing the Senate and Mrs. Emordi for failing the judiciary and
their client.

The court, while
ordering the withdrawal of the certificate issued to Mrs. Emordi, again
affirmed that Mr. Igbeke had the majority of the lawful votes cast in
that election.

Controversial claim

Mrs. Emordi had
filed two applications before the court, asking it to refer a
substantial issue arising from its judgment of March 25 to the Supreme
Court because it was in conflict with its judgment of Feb. 10, 2009.

The court however
held that there was no conflict in its judgments, pointing out that the
judgment of March 25 declared Mr. Igbeke winner of majority of lawful
votes in that election and that he was not a part of the February 10
suit.

It pronounced that
the said suit of February 10, 2009 was between Jessy Balonwu of Labour
Party and Joy Emordi of the PDP and that Mrs. Balonwu’s case was
dismissed on grounds that she did not join the lawful parties in the
suit.

The court pointed out that the issues were clear and distinct.

Mrs. Emordi’s
fresh application of May 7 also sought for determination that three
judges of the Court of Appeal disqualify themselves from further
participation in the processes of the appeal, and a new panel be
reconstituted.

Mr. Galadima
however warned that, “the court cannot allow itself to be intimidated
in any guise by counsel. It is the prerogative of the president of the
Court of Appeal to reconstitute a panel.’’ The judges also condemned
the delay of cases by counsel through frivolous applications and
thereby dismissed the applications – pointing out that there was no
merit in granting them the reliefs they sought in rulings concurred by
the five justices.

The court awarded N25,000 cost each against the first and second respondents.