The Court of Appeal Abuja Division, Thursday affirmed Prof Charles Soludo as the governorship candidate of the All Progressive Grand Alliance (APGA) in the November 6 governorship election in Anambra state.
While dismissing the appeal marked CA/AW/256/2021 by Chief Edozie Njoku against Sylvester Ezeokenwa, the court described it as constituting an abuse of court process.
The three members of the appellate court led by the President of the Court of Appeal, Justice Monica Dongban-Messen unanimously agreed that allowing the appeal would tantamount to sitting on appeal on the judgment of the Kano Division of the court.
Justice Jummai Sankeyl while delivering ruling on the appeal, held that the appeal constituted an abuse of court process, having been bound by the judgement of Kano Division delivered on August 10.
The court also held that it lacked jurisdiction to entertain the suit, saying doing so will amount to sitting on its own judgment.
The sum of N10 million was also awarded against the appellant, in favour of Sylvester Ezeokenwa and All Progressive Grand Alliance
APGA this medium, recalled, has been engulfed in intra-party crisis which has led to its factionalisation. While one is led by Victor Oye, the other faction is headed by Jude Okeke.
While Prof Charles Soludo is the governorship candidate of an APGA faction led by the former, the other candidate from the same party, Chukwuma Umeoji on the other hand, emerged from the latter group for the November 6 election.
Recall that the Kano Division of the Court of Appeal had set aside the judgment of the Jigawa Hgh Court on the leadership tussle in APGA, saying it has no territorial or substantive jurisdiction to hear the suit.
In setting aside the judgment of the Jigawa High Court, the Appeal Court said all the proceedings at the lower court were null.
In addition, the court held that for denying APGA and Victor Oye fair hearing by hearing the suit behind their back, the judgment of Musa Ubale of Jigawa State High Court, was unconstitutional and a complete nullity.