The Court of Appeal in Abuja has dismissed an appeal by former Minister of State for Education, Chukwuemeka Nwajiuba, challenging the candidacy of the Presidential candidate of the All Progressives Congress (APC), Asiwaju Bola Tinubu
In a judgment on Friday, a three-member panel of the court held that Nwajiuba’s appeal was without merit.
The appellate court upheld the arguments by Thomas Ojo (of Lateef Fagbemi and Co) who represented Tinubu and Babatunde Ogala (SAN) who represented the APC, that the appeal was frivolous.
The court proceeded to affirm the judgment of the Federal High Court and awarded a cost of N3million against him to be paid at N1m to each of the three respondents – Tinubu, APC and the Independent National Electoral Commission (INEC).
The court, in upholding the decision of the trial court, held that the Federal High Court “rightly held that it lacked jurisdiction to entertain the suit as the suit was filed outside the statutorily mandated and allowed period of 14 days.
“Appeals are by way of rehearing and the lower court having being robbed of jurisdiction, the court of Appeal lacks the jurisdiction to adjudicate.
“The appeal is dismissed, as the court of appeal lacks the jurisdiction to entertain same.
The suit at the lower court, having been filed outside the 14 days of the occurrence of the event, action or decision complained of.”
Nwajiuba had by the appeal marked: CA/CV/ABJ/26/2023 sought to reverse the December 23 judgment given against him by Justice Zainab Abubakar of the Federal High Court, Abuja and to order the trial court to hear his suit on the merit.
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