She prayed the court for an order disqualifying three justices of the court from sitting, adjudicating or taking part in any processes before the court relating to her earlier application for the interpretation of the two judgments delivered by the same court on her election.
Emordi, who was declared winner of the polls by the Independent National Electoral Commission (INEC) upon which she had occupied the position since 2007, had her election recently quashed by the Appeal Court, Enugu, which declared the All Nigeria Peoples Party (ANPP) candidate, Alphonsus Igbeke the winner and urged that he be sworn in.
Emordi, however, returned to the appellant court to contest the decision on the ground that three judges who delivered the ruling had earlier ruled on the same matter in an appeal brought by Jessie Balonwu, another contestant in the election.
The judges are Amiru Sanusi, Ladan Tsamiya and Olu Arioola, all of the Enugu Division of the appellate court
On April 25, 2010, Emordi approached the same court to seek interpretation of the two judgments but at the hearing of the case, the three justices featured in the matter with two other justices. She was said to have written a letter to the President of the Court of Appeal on April 16, 2010 requesting that a fresh panel be constituted to handle the case.
In the fresh application filed by her counsel, Dr. V. J. O. Azinge yesterday, Emodi asked the court “to disqualify Sanusi, Tsamiya, and Arioola from taking part in the matter.
She also urged the court to order “that a new panel excluding the three justices be constituted to determine the motions pending before the court.
Emodi contended that the participation of the three justices would not guarantee fair hearing and the impartial determination of the issues arising in the motions pending before the court.
