PBA ReporterThe Supreme Court on Wednesday dismissed the appeal filed by opposition parties seeking to nullify the PDP Abia State primary election conducted last year which produced the late Prof Uche Ikonne as governorship candidate and other candidates of PDP in Abia State.
In a suit no FHC/UM/CS/62/22 with Supreme Court appeal number SC/CV/143/2023 between Barr. Ndudi Nwagbara, Onyekachi Abaribe and 5 others vs INEC, PDP, Gov. Ikpeazu, Prof Ikonne and 35 others, which commenced at the federal high court Umuahia which the lower court dismissed on the basis that the claimants who claimed to have bought forms to participate in the congress elections of the PDP Abia as delegates were not aspirants as described in the electoral Act 2022 and therefore lacked the locus Standi to bring the action.
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The claimants, not being satisfied with the judgement of the Federal High Court, Umuahia, filed an appeal at the court of Appeal, Owerri. In January 2023, the Court of Appeal upheld the judgement of the trial court and also ruled that they lacked the locus Standi to bring the Appeal at the court of Appeal Owerri.
The appellants (opposition) also filed an Appeal at the Supreme Court, which ruled that their Appeal was rubbish and ought not to have come to the Supreme Court, which lacked the jurisdiction to entertain same. The appealants lawyer Chief Chukwuma Wachukwu Ume, SAN, was asked by the Supreme Court Justices of 7 panel led by Justice John Okoro to withdraw the appeal, which he did and the Supreme Court dismissed the appeal and awarded ₦2million in favour of the respondents, which is to be paid personally by the learned SAN for filling a frivolous and vexacious appeal.
In a related development, they also filed a motion seeking to substitute Chief Okey Ahaiwe, who is the PDP gubernatorial candidate in Abia State with late Prof Ikonne, which was opposed vehemently that Chief Ahiwe was not a product of the first PDP primary election that produced Prof Ikonne but a product of a different primary election and stands on his own.
The implication of that judgement is that there is no legal impediment for any of the Governorship, Senatorial, house of reps and house of assembly candidates of the PDP as the opposition had hoped that the said PDP congress and primaries would be cancelled so that PDP will have no candidate in the 2023 General elections as it happened in Rivers and Zamfara States in 2015.
Emeka Eze represented Chief Okey Ahiwe(Party seeking to be joined, Dr Livy Uzochukwu, SAN for PDP, H Balogu for the Governor, Okey Amaechi, SAN for Ikuku, Ukpai Ukairo for Senator Mao, Dr Hagler for Erondu Jnr and Others.
The Apex Court dismissed case which is believed to have been instituted through proxies by Senator Enyinnaya Abaribe, who left the PDP and also withdrew from the 2022 primaries when it was clear that he was not the favored aspirant of the stakeholders in Abia PDP. He later joined APGA to contest 2023 Abia South senatorial election against Governor Okezie Ikpeazu.
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