The varyiny and sometimes misleading interpretations of the straight forward judgement of the Appeal Court has necessitated this write up which intends to put the records straight based on facts extracted strictly from a copy of the judgement.
In a statement of fact contained in the said Appeal Court judgement of 19/7/2022, the said guber primary which produced Chief Chukwuma Odii held on 29/5/2022.
However, the party vide a letter, cancelled the said primary election of 29/5/2022, hence the 1st Respondent instituted the action before the lower Court, and obtained judgment.
Senator Obinna Ogba in his affidavit in support of his Motion on Notice for joinder filed on 7/6/2022 stated inter alia that the 29/5/2022 scheduled date for the 2nd Respondent’s Governorship primary election was shifted to a future date to be announced by the National Working Committee of the party as it fell on the same date for the PDP National Convention for the Presidential primary election in Abuja scheduled for 29/5/2022.
However, the 1st Respondent and his supporters purported to conduct the Governorship primary election on 29/5/2022, which was promptly and duly cancelled by the NWC of the 2nd Respondent.
On 5/6/2022, PDP held its proper Guber Primary election in which the Appellant (Ogba) emerged as the party’s Governorship candidate for Ebonyi State in the forthcoming 2023 election.
Earlier on 30/5/2022, the 1st Respondent had commenced an action
before the lower Court, in which the cancellation of the purported primary election allegedly held on 29/5/2022 was the principal subject matter of the claims of the Chief Odii against PDP and INEC “in which the 1st Respondent deliberately failed to join the Appellant,
who is an interested party, as a Defendant in order to obtain undue advantage from the lower court.
“And despite his pending application the lower Court proceeded to determine the 1st Respondent’s Suit on the same date the Motion for joinder was filed,
being 7/6/2022 and entered judgement in his favour.”
In the judgement read by Hon Justice Biobele Abraham Georgewill, the Appeal Court stated inter alia…
…”On the whole therefore, having resolved issue three for determination in favour of the Appellant against the 1st Respondent, and having discountenanced issues one, two
and four for determination as being merely academic to be considered in the invalid judgment of the lower Court, I hold firmly that this appeal succeeds and ought to be allowed. Consequently, this appeal is hereby allowed.
In the result, the Judgment of the Federal High Court, Abakaliki, Coram: F. O. Riman J, in Suit No. FHC/AI/CS/88/2022: Chief Chukwuma Odii Ifeanyi V. Peoples Democratic Party & Anor delivered on 7/6/2022, in which the claims of the 1st Respondent as Claimant against the 2nd and 3rd Respondents as Defendants were granted, is hereby set aside for being a nullity.
In its stead, the Appellant’s Suit No. FHC/AI/CS/88/2022: Chief Chukwuma Odii Ifeanyi V. Peoples Democratic Party & Anor is hereby remitted to the Chief Judge of the Federal High Court for same to be reassigned to any other judge of the lower Court, other than F. O. Riman J., for same, including the Appellant’s Motion on Notice filed
on 7/6/2022 for joinder, to be heard and determined expeditiously, in view of the 180 days as prescribed by law for the hearing and determination of pre – election matters, according to law. “
Facts:
1. PDP initially fixed the Ebonyi guber primary for 29/5/2022.
2. That date was later cancelled and a new date fixed for 5/6/2022.
3. Chief Odii claimed to have emerged in a primary purportedly held in the earlier date, 29/5/2022.
4. PDP held its proper primary on 5/6/2022 where Senator Ogba emerged.
5. Odii went to Court to stop Ogba, who was the party Candidate, and already presented with certificate of return.
6. He got judgment at the Federal High Court Abakaliki.
7. Appeal has set aside the judgement, automatically returning the ticket to Ogba.
8. Odii has the option of continuing with the matter, challenging Ogba’s nomination as ordered by Appeal.
