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Edo 2024: Effect of Appeal Court ruling on APC’s inordinate ambition, by Osigie Imasogie

Chima by Chima
August 27, 2024
in Opinion, Opinion/Letter
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Edo 2024: Appeal Court’s judgement victory for democracy,  rule of law against APC – PDP
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..the APC is jaded, it is now faced with what it is afraid of — squaring up against Dr Asue Ighodalo in the polls

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On Monday, the Appeal Court sitting in Abuja dismissed five different cases challenging the nomination of Dr Asue Ighodalo as the candidate of the Peoples Democratic Party, PDP, for the September 21st election in Edo State.

The rulings stunned the All Progressive Congress, APC, in Edo State that used several of its surrogate within the PDP to see if the party, with its uninspiring and incompetent candidate, Senator Monday Okpebholo, can avoid meeting the well prepared and highly qualified Ighodalo of the PDP.

The APC members, hearing the ruling on Monday afternoon, were thrown into a mourning-like feat across the state as they were expecting the ruling to go their ways. Alas, the Appeal Court discarded all the five cases swiftly.

The Appeal Court ruled that the opposition’s arguments in each case were unmeritorious and on each occasion pronounced and affirmed Ighodalo’s candidacy.

In appeal NO: CA/ABJ/CV/763/2024
with the PDP as appellant Vs Hon. Kelvin Mohammed & 5 Ors as respondents,
the court held as follows:
It is only an aspirant or the political party that has the locus to institute a pre election matter. An adhoc delegate has no right to institute a pre- election matter.

Adhoc delegates are only entitled to nominate candidates for an election.
And that the 1st -3rd Respondents have no right of appeal.

“The appeal is hereby allowed. The judgment of the lower court is hereby set aside.”

In Appeal No: CA/ABJ/CV/764/2024 with PDP as Appellant Vs Hon Kelvin Mohammed & 5 Ors as Respondents, the court held as follows:
“Reply brief is hereby discountenanced.
Motion granting leave to the respondents to file written address was wrongly granted.
The 1st- 3rd Respondents have no right of action.
“Appeal is allowed.
Ruling of the lower court is hereby set aside

In Appeal No: CA/ABJ/CV/765/24 with the National Secretary of PDP v. Hon Kelvin Mohammed & 5 Ors,
the court held as follows:
“At the time the judgment was delivered the lower court had nothing to restrain. An injunction cannot be granted in respect of a complete act.
“Adhoc members do not have the locus to institute pre-election matters.
“The appeal is allowed . Judgment of the lower court is hereby set aside for want of jurisdiction.”

In Appeal No: CA/ABJ/CV/766/24 between the National Secretary of the PDP, the PDP v. Hon Kelvin Mohammed v & 5 Ors, the court held as follows:
“The Adhoc members have no locus to ventilate their grievances in court.
They are only exclusively allowed to nominate the candidate for the election and do not have the right to vote.
“The 1st- 3rd Respondents do not have a right of action
“An injunctive relief cannot be granted in respect of a completed act.
The appeal is allowed.
The ruling of the lower court is set aside for lack of jurisdiction.”

In Appeal with No: CA/ABJ/CV/775/2024 with Anselm Ojezua as Appeallant v. Asuerinme Ighodalo, the court held as follows:
“The lower court was right in holding that the party’s internal dispute mechanism was not exhausted before approaching the court, thereby robbing the court the jurisdiction to entertain the suit.

“The attempt of the Appellant to invoke its power and determine the main issue is not attainable.
“The lower court held that it has no jurisdiction and therefore there is nothing for the court to determine.
“The judgment of the Federal High Court is hereby affirmed and the suit is accordingly dismissed.”

The APC is jaded, it is now faced with what it is afraid of; squaring up against Ighodalo in the polls. The reason the APC tried all means to use the courts to disqualify Ighodalo from the polls is not far-fetched; apart from the fact that the party knows the Edo State voters will not settle for the deficient Okpebholo that has been avoiding intellectual engagements, they know that if Ighodalo is out of the way, Barr Olumide Akpata, who does not stand on the tripod of Justice, Equity and Fairness, cannot match them in the polls.

Tags: by Osigie ImasogieEdo 2024: Effect of Appeal Court ruling on APC's inordinate ambition
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