2023 Elections: Federal High Court Gives Verdict on Akwa Ibom APC Governorship Candidate
- The Nigerian constitution makes it clear that when a litigant is dissatisfied with a ruling or judgement of a court, a superior court should be approached
- This provision has not been followed by many lawyers in the country, leading to confusion, especially in political cases
- An attempt to involve the Federal High Court in Abuja in a similar case has been rejected by a judge in the Nigerian capital
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FCT, Abuja - A Federal High Court sitting in Abuja has ruled that it stands by the decision of the Appeal Court judgement which upheld Akan Udofia's emergence as the All Progressives Congress (APC) gubernatorial candidate in Akwa Ibom.
The court, therefore, ruled that it will not proceed to assume jurisdiction over the case any longer.
While delivering ruling in the suit marked FHC/ABJ/CS/1290/2022 monitored by a Legit.ng correspondent, Justice Emeka Nwite held that the Appeal Court is a court of appellate jurisdiction and its decisions are binding on the Federal High Court.
He further held that he will not proceed to hear a case wherein the subject matter has been determined by the Court of Appeal.
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Abuse of court processes by applicants
Experts say the move by to upturn the verdict of the appellate court is an abuse of court processes.
Onikepo Braithwaite, a respected lawyer, in an article on ThisDay, noted that;
“Some judicial officers are busy running down the judiciary and its reputation, of course, with the collaboration and participation of lawyers. Both are actively playing starring roles in bringing the judiciary into serious disrepute. Enough is enough!
“One of the main forms of abuse of court process, is the institution of a multiplicity of actions with the same parties on the same subject-matter, a malaise which has unfortunately, become commonplace in Nigeria, especially in political cases.”
How Court of Appeal cleared Udofia ahead of 2023 elections
Legit.ng had earlier reported that the Court of Appeal had on Thursday, January 19, upheld the nomination of Udofia as the APC governorship candidate in Akwa Ibom.
The appellate court set aside the judgement of Justice Okeke of Federal High Court Uyo which had earlier nullified the APC primaries in the state wherein Akan Udofia emerged winner
The court held that the lower court failed to consider very well the objections raised and erred by assuming jurisdiction over the matter.
Ogwuche heads to Supreme Court, appeals for stay of execution in Benue PDP Reps ticket tussle
Meanwhile, Hon. Barr. Aida Nath Ogwuche, House of Representatives in Benue state has approached the Supreme Court to appeal against a judgment stopping her candidacy.
Ogwuche wants the apex court to declare her as the authentic candidate of the Peoples Democratic Party (PDP) for the Ado/Ogbadibo/Okpokwu Federal Constituency of Benue state.
In the said motion, there were reliefs restraining the PDP and the Independent National Electoral Commission from honouring the judgment in favour of Mr. Francis Ottah, since an appeal had been successfully filed.