An Appeal Court sitting in Abuja has again upheld the election of Senator Obinna Ogba as the People’s Democratic Party, PDP Governoship Candidate in Ebonyi State.
The latest court judgment, is an
appeal against the judgement of the federal High Court Abakaliki delivered on 19th July 2022.
The judgment was delivered almost at the same time the Appeal Court was dismissing a similar judgement by the same Court.
Chief Chukwuma Odii had approached the court to declare the 4th and 5th June 2022 PDP primaries which produced Senator Ogba as the Ebonyi guber candidate, as illegal, null and void.
But in a judgment delivered by Hamma Akawu Barka JCA, on September 6, 2022, the Abuja Appeal Court dismissed the judgement of the Abakaliki Federal High Court.
Hamma said, “the decision of Riman J of the FHC Abakaliki delivered on July 19, 2022 is hereby set aside and the suit with No: FHC/AI/CS/105/2022/ is dismissed in its entirety.”
The Appeal held that the 1st respondent Anyi Chuks was not an aspirant in the party primary held on 4th and 5th of June 2022 and therefore lacked the locus to question the said party primaries.
“That in itself deprived the lower court the jurisdiction to entertain and to determine the issue, thus erred in assuming jurisdiction, and so I hold.’
On the issue of allegedly holding the primary with unrecognizable list of a 3-man delegates, the court held that it’s within the arm bit of the political party concerned.
The court held that the primary of 4th and 5th was an internal affair of the party.
“That the lower court by holding that 3rd -20th defendants made use of the unrecognized ad hoc delegates in the conduct of the primaries of 4th and 5th June 2022, thus determining who the authentic delegates were for the party primaries held.
“I hold therefore that the case before the lower court invariably falls head on, in what can be described as delving into the internal affairs of the second Respondent, and so I hold.”
The court further held that the matter was an abuse of court process
It said: “the glistering speed with which the latter decision was made attests to the fact that the lower court, no doubt, was anxious to over reach the very decision of the court of Appeal may take in respect to the earlier judgment.”