S’Court dismisses Nwosu appeal, affirms Gov. Ikpeazu’s election

The Supreme Court on Friday dismissed the appeal by Sir Friday Nwosu challenging the election of Abia State Governor Victor Ikpeazu in the 2015 general election.

In a unanimous judgment delivered by Justice Amina Adamu – Augie, the apex court held that Nwosu’s appeal lacked merit. She consequently dismissed it. Justice Adamu- Augie awarded N1 million cost to each of the four respondents to be paid by the appellant whose appeal was considered frivolous.

Nwosu had in the notice of appeal named Dr. Uche Ogah 1st respondent, PDP 2nd respondent, Dr. Okezie Ikpeazu 3rd respondent and the Independent National Electoral Commission the 4th respondent in the primary election dispute.

Nwosu, Ogah and Ikpeazu as governorship aspirants contested the Peoples Democratic Party (PDP), governorship primary held on December 8, 2014 .

Ikpeazu won the primary election but the two other contestants challenged his qualification at the Federal High Court on the grounds that the tax certificate he submitted to the electoral commission was forged.

The Federal High Court Abuja in a judgment on suit filed by Dr.Uche Ogah delivered by Justice Okon Abang on June 27th 2016 sacked the incumbent Governor lkpeazu who won 2015 general election .

The court declared Dr.Uche Ogah as winner of the 2015 elections while Justice Abang dismissed the suit filed Nwosu.

Dissatisfied with the decision, both Ikpeazu, PDP and Nwosu filed separate appeals challenging the decision of Federal High Court in Abuja. But the Court of Appeal in Abuja in its judgment, set aside the decision of Federal High Court Abuja and restored Ikpeazu as the elected governor and dismissed the appeal filed by Nwosu.

Dissatisfied, Nwosu and Ogah appealed the decision of the Court of Appeal while the appeal filed by Ogah had since been dismissed. But Nwosu appeal was pending until last Friday.

Nwosu had sought six reliefs; an order dismissing the 1st respondent’s suit on the grounds that it constitutes an abuse of court process, an order that the suit of 1st respondent i.e. Suit No. FHC/ABJ/CS/71/2016 is incompetent and the trial court lacked the jurisdiction to hear and determine the Suit as constituted and a declaration that the appellant was the rightful gubernatorial candidate of the 2nd respondent (PDP) in the 2015 general election by virtue of the 8th December 2014 2nd respondent’s (PDP) gubernatorial primary election in Abia State.

The appellant also sought a declaration that he is the duly elected governor of Abia State by virtue of the governorship election held in Abia State in April, 2015, being the duly nominated gubernatorial candidate of the 2nd respondent (PDP), and an order that the appellant be sworn in as the Governor of Abia State by the Chief Judge of Abia State or any other relevant Chief Judge or any judicial officer empowered by law to do so, among others.

He also outlined 10 grounds of appeal and particulars of error on which the Court of Appeal occasioned a miscarriage of justice.

According to him, “The learned Justices of the Court of Appeal erred in law when they held that the 1st respondent’s suit No. FHC/ABJ/CS/71/2016 before the trial court did not constitute an abuse of court process despite the records placed before them which showed that the 1st respondent’s suit was instituted after the 1st respondent has been sued as a defendant .

“That Ogah was served with the appellant’s suit No FHC/OW/CS/191/2015 before he initiated similar suit with all the same parties, the same subject matter and reliefs sought.

“That the learned Justices of the Court of Appeal erred in law when they held that the 1st respondent did not waive his right to be nominated as the governorship candidate based on the 8/12/2014 PDP governorship primaries in Abia State and thus failed to give effect to the written condemnation, repudiation and rejection of the PDP primaries which the 1st respondent effected in writing and on oath which were all records before the court, among others.”

But all the grounds upon which the appeal were based was dismissed by the apex court.