J.C Idogho, counsel to Friday Nwosu, has withdraw an application challenging Okezie Ikpeazu as governor of Abia state.
He took the action after he was bashed by a seven-man panel of the supreme court.
Nwosu was a contestant in the Peoples Democratic Party (PDP) primary election that produced Ikpeazu as the party’s candidate in the 2015 election.
On Tuesday, he prayed that the supreme court take over appeals from the court of appeal in Owerri, Imo state.
Nwosu sought to be declared winner of the governorship election since Ikpeazu was accused of “discrepancies” in his tax document.
The allegation was the reason the federal high court Abuja ordered Ikpeazu’s sack from office as governor.
While moving his application, Idogho said: “[We pray for] an order to grant a relief to bring forward to the supreme court for hearing and determination by the supreme court CA/OW/C9/2016.”
But responding, the seven-man panel of justices led by Ibrahim Tanko said: “The first leg of your motion is it a lame leg or a fit and proper leg? (referring to the prayer above).
“There is no appeal before us on that. I have never heard of that – we grab an appeal that has not been heard and concluded by the lower court.
“If you want to change the precedent of the law, go to national assembly and convinced them of changing the law, then maybe of we are still alive then.
“I am telling you that you off track, we cannot direct the lower court. I have never heard of this in my life before.”
At this point, Idogho applied that his application be withdrawn.
Tanko, the justice, struck out the suit but he did not award charges as suggested by Alex Izinyon, counsel to Uche Ogar.