The Court of Appeal in Abuja has affirmed Senator Ayogu Eze as the governorship candidate of the All Progressives Congress (APC) for Saturday’s governorship election in Enugu state.
In a unanimous judgement on Thursday, the appellate court held that Eze is the rightfully nominated candidate of the APC in the state.
The judgement delivered by Justice Abdul Aboki upheld the appeal filed by Senator Ayogu Eze to affirm his candidacy as the rightfully nominated candidate to represent the party.
In the judgement by Justice Abdul Aboki, the appellate court set aside the judgement of Justice Inyang Ekwo of the Federal High Court, Abuja, who had earlier ordered INEC to replace him with one Barrister George Ogara as the APC governorship in the state.
Justice Aboki held that the suit brought before the lower court had become statute barred and not competent in law having been filed outside the mandatory 14 days stipulated by Section 285 (9) of the 1999 Constitution.
Specifically, the appellate court held that Ogara’s suit at the lower court was caught up by the 4th Alteration Act to the 1999 Constitution which as a new law makes it mandatory for all pre-election matters to be filed within 14 days of the cause of action.
In the instant case, Justice Aboki held that the case was filed more than thirty-two clear days after the primaries which took place on the 4th of October, thereby rendering the suit to a mere academic exercise.
“Whatever right the respondent may have in his suit has been extinguished by law,” he said.
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