The court of Appeal has affirmed Senator Ayogu Eze as the governorship candidate of the all progressive congress for the Saturday governorship election.
The Appellate Court in a unanimous judgment delivered by Justice Abdul Aboki upheld the appeal filed by Senator Anyogu Eze to affirm his candidacy as the rightfully nominated candidate to represent the party.
In the judgment, the Court of Appeal set aside the judgment of Justice Iyang 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 Enugu state.
Justice Aboki voided the Federal High Court decision on the grounds that the suit brought before it had become statu barred and not competent in law having been filed outside the mandatory fourteen days stipulated by section 285 subsection 9 of the 1999 constitution.
The Appeal Court specifically held that the suit filed by Ogara at the trial court caught by the fourth alteration act to the 1999 constitution which as a new law makes it mandatory for all pre-election matters to be filed within fourteen 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.
Justice Aboki said that the failure of Ogara to file his suit within fourteen days as offered in section 285, removed jurisdiction from the Federal High Court and made the case to be statu barred.
The Appeal Court also said that “whatever right the respondent may have in his suit has been extinguished by law” and therefore has no right to benefit any longer from the case.
The Appeal Court, therefore, set aside the judgment of the federal high court which ordered INEC to remove and esponge Senator Anyogu Eze’s name from inec list of candidates for the governorship election in Enugu state.