Governorship Election: Court Affirms Candidacy Of Senator Ayogu Eze

 

 

The court of Appeal has affirmed Senator Ayogu Eze as the governorship candidate of the All Progressive Congress (APC) for the Saturday governorship election.

The Appellate Court in a unanimous judgment delivered by Justice Abdul Aboki upheld the appeal filed by Senator Anyogu Eze to affirm his candidacy as the rightfully nominated candidate to represent the party.

In the judgment, the Court of Appeal set aside the judgment of Justice Iyang Ekwo of the Federal High Court Abuja who had earlier ordered INEC to replace him with one Barrister George Ogara as the APC governorship in Enugu state.

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Justice Aboki voided the Federal High Court decision on the grounds that the suit brought before it had become statu barred and not competent in law having been filed outside the mandatory fourteen days stipulated by section 285 subsection 9 of the 1999 constitution.

The Appeal Court specifically held that the suit filed by Ogara at the trial court caught by the fourth alteration act to the 1999 constitution which as a new law makes it mandatory for all pre-election matters to be filed within fourteen days of the cause of action.

In the instant case, Justice Aboki held that the case was filed more than thirty – two clear days after the primaries which took place on the 4th of October, thereby rendering the suit to a mere academic exercise.

Justice Aboki said that the failure of Ogara to file his suit within fourteen days as offered in section 285, removed jurisdiction from the Federal High Court and made the case to be statu barred.

The Appeal Court also said that “whatever right the respondent may have in his suit has been extinguished by law” and therefore has no right to benefit any longer from the case.

The Appeal Court, therefore, set aside the judgment of the federal high court which ordered INEC to remove and esponge Senator Anyogu Eze’s name from inec list of candidates for the governorship election in Enugu state.

Court Rules Ugwuanyi Is PDP Governorship Candidate

Ifeanyi UgwanyiA Federal High Court in Abuja has dismissed a suit filed by Senator Anyogu Eze, challenging the nomination of Honourable Ifeanyi Ugwuanyi, as the  governorship candidate of the Peoples Democratic Party (PDP) in Enugu State.

Senator Eze had asked the court to hold that a sister court presided over by Justice Adeniyi Ademola, endorsed the list used for a parallel governorship primaries of the party, which produced him as the authentic candidate of the party.

However, Justice Evoh Chukwu, in his judgement disagreed with the lawmaker, saying the primaries conducted with the harmonised list of the party in the state, which produced Ifeanyi Ugwuanyi as the party’s candidate subsists.

He ruled that the order of the sister court was merely declarative and not mandatory.

Justice Chukwu also stated that only one primary was held by the PDP national working committee in line with section 89[4] of the Electoral Act.

The Judge held that Ugwuanyi was declared the candidate of the party after voting by delegates in the party’s primaries held on April 11 last year.

Supporters of the Enugu State governorship candidate, Honourable Ugwuanyi, received the news that the court had struck out the suit challenging his candidacy in cheers, celebrating the end of a case that had been postponed on four different occasions.

Addressing reporters at the end of the ruling, Alex Akoja, the lawyer to Senator Eze, said he would consult with his client to decide on whether to appeal the judgement.