A federal high court sitting in Abuja has today refused the plea of Dr Samson Uche Ogah, The All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) to stay the execution of the Court’s judgement of 29th November 2018, recognising High Chief Sir Ikechi Emenike as the lawful and authentic candidate of the APC in Abia State for the 2019 governorship election in Abia State.
The court also recognised the state party executives led by Dr Emmanuel Aguzie Ndukwe, together with their executives as the authentic leaders of the APC in Abia State. The Court affirmed that the judgement is valid until set aside by a superior court (Court of Appeal). The court further directed both INEC and APC to immediately give effect to the Judgement without further delay.
Reacting to the judgement, a legal practitioner and member of the camp of Dr Ogah said “the judgement has finally been released to the parties by the Judge in Abuja and the APC has finally compiled and transmitted successfully the Records of Appeal to the Court of Appeal with an Appeal Number. The implication of that is that the FCT High Court, Abuja does not have any more jurisdiction over the matter as the Court of Appeal is the one that is now seized of the matter. Anything said or done by the lower court in Abuja today or any other day is without jurisdiction and does not count in anyway.
Please bear in mind the subsisting judgement of the Federal High court in which Dr Uche Ogah was validated as the gubernatorial candidate of APC while Chief Emenike was restrained from parading himself as the candidate of APC. That judgement is still subsisting and has not been set aside by any higher court. Of the erroneous judgement of Chief Emenike, the APC has filed an appeal against it and having transmitted the Records of Appeal, they are filing the Appellant Brief next week and will soon get a date for hearing.
Once again, I reiterate that under the electoral laws and under the constitution of Nigeria, Chief Ikechi Emenike cannot and will never be the Candidate of APC in 2019 General Election.”
As at the time of this report, there is yet to be received any report from the camp of Chief Emenike.
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