Dr. Alex Oti, the governorship candidate of the All Progressives Alliance (APGA) in the 2015 governorship election in Abia state, has been given a go ahead to appeal against judgments contesting the validity of Governor Okeize Ikpeazu’s election by the Supreme Court.
The Supreme Court unanimously held that Oti’s right to fair hearing as provided under section 36 of the 1999 constitution is inviolable and as such cannot be denied on the grounds of technicalities.
Oti and his political platform, had approached the apex court to question the decision of the Abuja Division of the Court of Appeal, which refused his application to appeal against the earlier judgments of a Federal High Court in Abuja, delivered by Justice Okon Abang on June 27, 2016, which sacked Ikpeazu on account of failure to pay tax.
In the said judgment, Justice Abang ordered the governor to vacate office over alleged falsehood and discrepancies in his tax documents attached to Form CF001 which he submitted to the Independent National Electoral Commission (INEC) nominating him as the PDP governorship candidate in the 2015 election.
Although Otti filed an application seeking to appeal the judgment of Justice Abang, the Court of Appeal in its ruling delivered last year, held that Otti could not file an appeal against the judgments of the Federal High Court on the grounds that he was not a party in the originating suits and that the matter was an intra-party affair of the PDP.
On this development, Otti approached the Apex Court seeking its leave to join the appeal at the Supreme Court.
The Apex Court, in its ruling, granted his application and gave him leave to commence his appeal against the judgments of the Court of Appeal.
Justice Clara Bata Ogunbiyi who delivered the lead ruling of the Supreme Court, agreed that the Otti has the constitutional right to appeal against the decision of the Court of Appeal.
The justice further held that Otti’s applications and his political platform (APGA),are hinged on their right to be heard on a case that affects their interest.
Besides, Justice Ogunbiyi re-iterated the position of the apex court that courts are to do substantial justice without due regard to technicalities.
The court disagreed with Dr. Samson Ogah that the activation of the provisions of section 22 of the Supreme Court Act will be nothing other than an academic exercise, given the nature of the application and the justice it seeks to serve.
She added that, given the merit of the application, it will defeat the cause of justice to fetter the right of access to the court by way of declining to grant an application of this nature.
“The principle had long been laid down that the path to tread should be that of justice as against technicality. Such application should not be opposed for the sake of either doing so or because the opponent feels threatened. The overriding consideration must always be Justice and fairness.”
The Abuja Division of the Court of Appeal had in its judgments nullified the two judgments of the Federal High Court in Abuja, which on June 27, 2016 removed Ikpeazu as governor of Abia state.
A five-man panel of the appeal court led by Justice Helen Ogunwumiju, also cancelled all the orders made in the two judgments by Justice Abang, including the one directing INEC to withdraw recognition of Dr. Okezie Ikpeazu as Governor of Abia state.
Among other orders made by Justice Abang but voided by the Court of Appeal was the one directing the Chief Judge of Abia State to swear in Ogah as Governor of Abia state.
