COURTROOM NEWS 13/01/2023
Gov’ship Race: Appeal Court Dismisses PDP’s Bid To Stop Emenike
Abia State chapter of the Peoples Democratic Party (PDP) has failed in its bid to stop the All Progressives Congress (APC) from fielding its governorship candidate, High Chief Ikechi Emenike, in the 2023 general election.
Emenike and the APC triumphed over the PDP as the Court of Appeal Owerri Division dismissed in its entirety the appeal filed by the Abia ruling party challenging the validity of the APC governorship primary and the emergence of Emenike as the standard bearer.
The Abia PDP had meddled in the internal affairs of the main opposition APC seeking to nullify its governorship primary on the ground that due process was not followed. The ruling party’s ultimate goal was to prevent the major opposition party from presenting a governorship candidate in the 2023 poll.
The party commenced the quest to knock out APC from the governorship race at the Federal High Court Umuahia where it filed suit No. FHC/UM/CS/158/2022, PDP Vs INEC, APC, Ikechi Emenike. The plaintiff even added Uche Ogah among the defendants following his claims that he won a purported governorship primary.
But the case was on November 15, 2022 adjourned sine die by Justice Evelyn Anyadike taking judicial notice that an appeal challenging the validity of the APC primary was pending at the Court of Appeal Abuja.
In adjourning the matter sine die, Justice Anyadike reasoned that proceeding with the case could lead to conflicting judgement since a court of coordinate jurisdiction had already delivered a verdict which the defendants appealed against.
Not satisfied with the decision of the Federal High Court, Umuahia, the PDP went to the appellate court in Owerri to upturn the ruling of the trial court, saying that it was denied the right to fair hearing.
But in its judgement in Appeal No. CA/OW/473/2022: PDP vs INEC, APC, Ikechi Emenike, Uche Ogah, the Appeal Court held that the trial court was right in adjourning the case instituted by Abia PDP, sine die.
In the judgement delivered by Justice Rita Pemu, the APC gubernatorial primary conducted in Umuahia on May 26, 2022, was upheld.
The Court of Appeal also reiterated that High Chief Ikechi Emenike remains the duly elected governorship candidate of APC in Abia State for the 2023 poll.