…as PDP, Val Ayika returns to Appeal Court
The legal battle in the disputed election of Dunukofia/Njikoka/Anaocha
federal constituency between Hon Dozie Nwankwo of APGA and Hon Val Ayika
of PDP is yet to be over.
It was gathered that the Independent National Electoral Commission (
INEC) as at Nov. 5 refused to issue certificate of return to Hon Dozie
Nwankwo stating that the Commission’s legal department is still studying
A copy of an application filed by the People’s Democratic Party (PDP) to
the Appeal Court, Enugu Division, asking the Appellate court to enforce
the judgement of the Supreme Court delivered on February 11, 2019 which
affirmed Hon Valentine Ayika as the candidate of the party in the
February 23, national assembly election.
The Appeal court Enugu, will convene Nov. 7 to hear the application.
Recall that the Enugu Division of the Court of Appeal had sacked Hon Val
Ayika on the grounds that PDP had no candidate as at the time of the
election and declaration of result of February 23, national assembly
election against the subsisting judgement of the Supreme court which
affirmed Ayika as the PDP’s candidate.
Apart from the judgement of the Supreme court on Ayika vs Egenti. The
Court of Appeal, Enugu had again, dismissed the appeal from Hon Richard
Egenti who had approached the Appellate court when the tribunal struck
out his petition.
The Court of Appeal, Enugu had ruled that since the Supreme court had
struck out Egenti’s application against PDP and Val Ayika on the outcome
of PDP’s primaries, that the lower court had no jurisdiction to hear it
again. The Court of Appeal was angry that Egenti came back to court to
reinstitute a case already concluded at the Supreme court.
It becomes an aberration and legal mystery for the same Court of Appeal,
Enugu that struck out the case of Egenti based on the decision of the
Supreme court, to turn around and hear same matter brought before it by
Hon Dozie Nwankwo.
This battle is not over yet. The celebration in the camp of Dozie
Nwankwo has been halted pending the determination of these legal
The Court of Appeal can never override the Supreme Court judgement on
the same matter, the same respondents and the same jurisdiction.
Meanwhile, with the application filed by the PDP at the Court of Appeal,
Enugu, asking the court to restore Hon Val Ayika as the candidate of the
party, in line with the February 11, Supreme Court judgement, this
matter will finally be resolved at the Apex court, as the outcome of the
application can also be appealed to Supreme Court.