THE Court sitting in Owerri yesterday threw out the suit of the Peoples Democratic Party (PDP) to stop High Chief Ikechi Emenike as the Abia State Governorship Candidate of the All Progressives Congress (APC).
Delivering judgment in CA/OW/473/2022 in PDP Vs INEC, APC, High Chief Ikechi Emenike and Uche Ogah, Justice Rita Pemu held that Emenike is the governorship flagbearer of the APC in Abia and dismissed the PDP’s appeal in its entirety.
The Abia PDP had sought to nullify APC governorship primary on the ground that due process was not followed.
Abia PDP commenced its move at the Federal High Court, Umuahia where it filed suit No. FHC/UM/CS/158/2022, PDP Vs INEC, APC, and Ikechi Emenike. The plaintiff added Uche Ogah among the defendants following Ogah’s claims that he won a purported APC governorship primary.
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 going ahead with the case could lead to conflicting judgment 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, 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.
However, in its judgment, the Appeal Court held that the trial court was right in adjourning the case instituted by Abia PDP, sine die.
In the judgment delivered by Justice Rita Pemu, the APC governorship primary conducted in Umuahia on May 26, 2022 was upheld.
The Court of Appeal also reiterated that High Chief Emenike remains the duly elected governorship candidate of APC in Abia State for the 2023 poll.