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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