By Deborah Onyofufeke
The Supreme Court, in a unanimous decision by a five-man panel of Justices, led by Justice Amina Augie, on Wednesday, declared Chief Chukwuma Odii Ifeanyi, as the governorship candidate of the Peoples Democratic Party, PDP, in Ebonyi state.
The apex court held that the appeal marked SC/CV/ 939/2022, which was instituted by Ifeanyi, was laudable and deserved to succeed.
The judgement of the Court of Appeal that ordered the Independent National Electoral Commission, INEC, to recognize Senator Joseph Obinna Ogba, as flag-bearer of the party for the 2023 gubernatorial election in the state was dismissed by the supreme court on account of illegality
The Supreme Court held that the Court of Appeal shouldn’t have listened to Ogba, as he did not obtain leave of court before filing his appeal in Court of Appeal.
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Justice Garba held since Senator Ogba, was not a party to the Federal High Court suit, he ought to have applied and secured permission of the Court of Appeal before joining the matter.
In the lead judgement read by Justice Lawal Garba, the five-man panel stated that senator Ogba, did not have the right of Appeal because he was not part of the suit when the matter was lodged before the trial court in Abakaliki, where Ogba’s candidature was upturned.
Mr Odii and Sen. Ogba, were engaged in a legal dispute over who was validly elected as the party’s candidate for the 2023 poll in the party’s primaries that took place at different times in the state.
Ifeanyi Odii, was elected the party’s governorship ‘candidate’ during a cancelled primary held between May 28th and 29th, 2022.
At a rescheduled primaries held on June 4th and 5th, 2022, Senator Ogba, was declared winner, and Odii, agreived, lodged a suit at a Federal High Court, in Abakaliki
The trial court delivered it’s judgement in favour of Odii, upturning Ogba’s candidature, this led Ogba, to approach the Court of Appeal.
The Appellate court ruled in favour of Ogba, which was dismissed today with the supreme court judgment
