2023: Appeal court dismisses Ogah's suit against Abia APC Gov. candidate EmenikeOgbonnaya Ikokwu, Umuahia

The Court of Appeal, Owerri division in a unanimous ruling on Tuesday July 19, 2022, struck out a motion for leave to appeal as an intrested party, filed by against the Governorship candidate of the All Progressive Congress in Abia State chief Ikechi Emenike by the immediate past minister of state for mines and steel development
Chief Uche ogah, to challenge the jugment of the high court of Abia state,in a suit No HUM-31-2022:HIGH CHIEF IKECHI EMENIKE VS APC AND 2 Others delivered on June 24, 2022, in favour of  Emenike.

Recal that Emenike, had approached the Abia state High court in the afoesaid suit for the determination of whether himself having emegerged as the candidate of APC in the primary election conducted by the party on June 26, 2022, the party can refuse to submit his name to the Independent National Electoral Commission as the candidate of the party, and whether INEC upon the party submiting or uploading his name in her portal can decline to publish his name as the candidate of APC for the 2023 gubernatorial election in Abia state among other issues for determination.

The Abia state high court in the said judgment found for Emenike ,mandated APC to upload his name in INEC' portal as her candidate.

The court also compelled INEC to accept his name as uploaded, publish same as the candidate of APC for gubernatorial election in Abia state in the 2023  general elections.

The court above all,
restrained INEC from accepting or publishing  the name of any other person as the candidate of APC  in the said election other than High Chief Ikechi Emenike.

Ogah, who was not a party to the suit at the trial court and who did not participate in the primary election of APC as above stated approached the court of Appeal in CA-OW-243M-2022, a motion on notice for leave to appeal against the said judgment as an intrested party.

The legal team of Ikechi  Emenike and APC apposed the motion on grounds that the court of appeal lacks the jurisdiction to hear and determine same in that the motion was filed outside 14 days period stipulated in section 285 (11) of the 1999 constutution as amended for filing of an appeal in pre election cases.

The court of appeal upheld the preliminary objection against the motion and ruled that:
"The motion for leave filed by Uche ogah as the Applicant was filed out of time (14) days as provided for and by section 285(11) of the constitution of Nigeria, 1999 (as amended) and accordingly incompetent.

"That the Applicant Uche ogah, did not approach the court with clean hands".

In consequence of the above holding, the motion was struck out for Want of jurisdiction or vires.

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