The Appeal Court sitting in Benin City, the Edo State capital on Monday 20th February, 2012 struck out the motion filed by Hon. Engr Doris Uboh, candidate of the Peoples Democratic Party (PDP) in the last April Ika Federal constituency election challenging the decision of the same court that upheld the victory of Hon. Victor Nwokolo, candidate of the Accord Party and member representing Ika Federal constituency at the House of Representatives for incompetence with Ika Weekly reporter at its corporate office in Agbor, the Senior Legislative Assistant to Hon Victor Nwokolo Barr Victor Ebonka said the Appeal Court is the final when it comes to National and House of Assembly election matters. In spite of that, only recently Hon. Engr Doris Uboh’s counsel, Prince Nwafor Orizu filed a motion at the same Appeal Court praying it to set aside its own judgment on the ground that the judgment was not pronounced upon or that other justices of the court did not pronounce on the judgment. The motion was now set for hearing at the Appeal Court on Monday 20th February, 2012. At the hearing, the court observed that the said motion is incompetent because the judgment sought to be set aside was not attached to their motion and this fact was conceded by Hon. Doris Uboh counsel. And all efforts by him to seek for an adjournment to enable him do the needful was refused by the court and the said motion was subsequently struck out for incompetence all in the favour of Hon Victor Nwokolo.
However, in his comment, Hon Nwokolo said’’ I am surprise that up till this moment in Spite of the judgment of the judgment of the Appeal Court ( which is the final court for National Assembly election matter) Hon Uboh has refused to accept defeat, the court is functus officio from revisiting the judgment again being a final judgment.