The Supreme Court had declared Ifeanyi Chukwuma Odii as the validly elected candidate of the Peoples Democratic Party (PDP), for the 2023 Ebonyi governorship election.
Mr Odii and Senator Joseph Obinna Ogba, who represents Ebonyi Central Senatorial Zone, were engaged in a legal battle over who was validly elected as the party’s candidate for the 2023 poll in the party’s primaries that took place at different occasions in the state.
The Court of Appeal sitting in Abuja had, recently, declared Ogba as the governorship candidate of the party in the state, while setting aside the judgment of the trial court sitting in Abakaliki that pronounced Odii as PDP candidate.
But Mr Odii, unsatisfied with the court decision, filed an appeal marked: SC/CV/ 939/2022 at the Supreme Cour where he sued Mr Ogba, PDP and the Independent National Electoral Commission, (INEC), as 1st to 3rd respondents.
In a lead judgment of a five-member panel on Wednesday, September 14, Justice Lawal Garba held that Mr Ogba lacked the legal right to have filed an appeal in the court below.
The Judge said the Abuja Court of Appeal lacked the jurisdiction to have entertained the suit in the first instance since Ogba was not a party in the entire proceedings conducted by the trial court (a Federal High Court sitting in Abakaliki).
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Justice Garba described it as an exercise in futility, saying “You cannot put something on nothing and expect it to stand; it will definitely collapse.”
The judge, therefore, said he found merit in the appeal filed by Odii and was hereby upheld
Garba consequently set aside the judgment of the Court of Appeal delivered on June 19, declaring Ogba as the validly elected candidate of the party.
He also said that the appeal filed by Ogba, the 1st respondent, before the appellant court was done without legal backing.
Justice Amina Augie and other justices in the panel also backed Garba’s judgment, describing the decision as meritorious.
Meanwhile, Governor David Umahi has alleged that his main challenger for the Ebonyi South Senatorial ticket of the All Progressives Congress (APC), Ann Agom-Eze, demanded N20 million from him to withraw from the race.
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