The Supreme Court has declared Barrister Ikenga Imo Ugochinyere, as the authentic Peoples Democratic Party’s (PDP) candidate for the House of Representatives for Ideato North and South Federal Constituency of Imo state.
The judgment of the apex court has finally put to rest, the litigations to upturn the mandate freely given to Ikenga by the PDP delegates.
The Supreme Court in it’s decision held that there must be an end to litigations and recklessness.
The apex court ruled, just like all the lower courts before it, that there are no grounds put before it, to nullify the ticket of the party in the custody of Ikenga Imo Ugochinyere, having fulfilled all the provisions of the law and complied with stipulated guidelines.
A 5-man panel of the Supreme Court gave the judgement on an appeal marked SC/CV/1439/2022, filed by Hon. George Igbo (appellant) challenging the decision of the Court of Appeal Owerri Division.
Some of the respondents in the appeal are the PDP, INEC, Mrs Chidimma Uzomba, Mr Anthony Obinna and others.
In dismissing the appeal by Hon. Igbo, the Supreme Court upheld the preliminary objections raised by Ugochinyere and the PDP.
The court agreed with the decision of the court below and noted, “The abysmal failure and/or refusal of the Appellant counsel to compile (sic) with the rules of procedure in prosecuting the Appeal and indeed abandoned the same.“The Appellant filed his notice of appeal at the lower court on the 9th day of September, 2022 within the 14 days period from the date of Judgment of the trial court as provided by the Electoral Act 2022 and section 285(9) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
“Section 9 of the Election Judicial Proceedings Practice direction, 2022 mandatorily provided that the Record of Appeal shall be compiled and served on all the parties not more than (10) days of the receipt of the Notice of Appeal.
“The Notice of Appeal at the lower court was filed on the 9th day of September, 2022. The Record of Appeal was compiled on the 19th day of September, 2022, eleven days after the notice of appeal was filed. One day out of time. See the admission of the appellant at page 1639 of the Record of Appeal Vol. 3.
“The said record of appeal was served on the parties on the 19th day of October 2022, 40 days after the Notice of Appeal was filed against the clear provision of Section 9 of the Election Judicial Proceeding Practice Directions 2022, the apex court noted.
The Supreme Court held that the lower court was right in holding that the Appellant’s appeal is deemed abandoned.
It further admitted that it “lacked the jurisdiction to determine the Appeal or in the least invoke its general powers under Section 22 of the Supreme Court Act, to determine the real issues in controversy.
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