Supreme Court Orders Lawyer To Pay N8 Million Fine To Gov. Uduaghan,...

Supreme Court Orders Lawyer To Pay N8 Million Fine To Gov. Uduaghan, Others For Abusing Court Process

By Wires | The Trent on May 27, 2014
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NAN – Nigeria’s Supreme Court on Monday ordered Dickson Osuala, a lawyer, to pay N8 million fine to Governor Emmanuel Uduaghan of Delta and three others.

The lawyer was indicted by the court for abusing court process.

Osuala’s offence, according to the court, was that he did not advise his client, Chief Great Ogboru, candidate of the Democratic People’s Party in the 2011 Delta governorship election, properly. The court ruled that Osuala embarked on a clear case of abuse of court process.

Osuala is now expected to pay N2 million each to Gov. Uduaghan, the PDP, INEC, and the attorney-general of the federation (AGF).

Osuala‎ had, on behalf of his client, applied for a review of the Supreme court’s judgement which in 2013 upheld the election of Uduaghan of the PDP.

He had claimed in his application that, Section 285 (7) of the 1999 Constitution which the Supreme Court relied on to dismiss the case, was “fraudulently inserted by the National Assembly”.

According to him, due process was not followed by the National Assembly on the section, and therefore it was wrong for the apex court to have relied on it to dismiss his client’s case in 2013.

The Supreme Court however ruled against him.

Justice Walter Onoghen who read the judgement said:

“The said N8 million is awarded as cost against the person of Dr. Dickson Osuala and is to be paid from his pocket to the respondents.

“The plaintiff, through his counsel, wants to resurrect a dead and buried horse.

“The plaintiff’s counsel should advise his client to take his case to heaven if he is not satisfied with the court’s ruling.”

Onoghen said it was not the business of the court to amend the constitution, but that of the national assembly.

He advised Osuala to go to the National Assembly or the Federal High Court to challenge the section of the constitution which he considered defective.

Osuala rejected the advice, adding that nobody should be allowed to benefit from a defective law.

NAN reports that Ogboru had twice applied for a review of the judgement but the Supreme Court had turned down his prayer on both occasions.

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