Darlington Nwokocha filed a Motion for Review of Judgement seeking to review the decision of the Court of Appeal, Owerri Division Sitting in Lagos that declared Senator Austin Akobundu as the duly elected Senator for Abia Central Senatorial District.
The Court described the petition as a frivolous, vexatious, irritating, and annoying application directed at Senator Akobundu, who has since assumed his legislative duties as a senator, and accordingly fined Nwokocha and his lawyer N5m to be paid to Akobundu and the Peoples Democratic Party (PDP).
Recall that the Court of Appeal, Owerri Division Sitting in Lagos had on Saturday 4th November 2023, nullified the election of Nwokocha, noting that his name was not contained in the party’s register submitted by his party.
It added that the Labour Party failed to give INEC 21 days’ notice to the party’s primaries. But it declared the second person with the highest number of votes – Senator Akobundu – as the winner.
The Court ordered the Independent Electoral Commission (INEC) to immediately withdraw her Certificate of Return from Nwokocha and issue a new Certificate of Return to Akobundu.
But not satisfied with the judgement of the Court, Nwokocha filed a Motion for Review on the 5th of November 2023, asking the Court to set aside their judgement.