The five man panel of the Court of Appeal sitting at the Owerri Division,
headed by Justice Jimi Olukoya Bada, has said it lacks jurisdiction to
hear and conclude the case of submission of false information suit,
CA/OW/190/2016, filed against Governor Okezie Ikpeazu, by an aspirant in
the December 8, 2014 PDP primaries in Abia State, Sir Friday Nwosu.
The Federal High Court, Owerri, had on July 8, 2016, in a judgment
delivered by Justice Ambrose. L. Allagoa, ruled that Nwosu did not prove
his case against Ikpeazu. Not satisfied with the judgment, Nwosu appealed
to the Court of Appeal.
Earlier. another five man panel of the Court of Appeal, headed by Justice
Ralph Agbo, had on December 2, 2016, stayed the matter pending the
determination of the Uche Ogah vs Okezie Ikpeazu suit which was then lying
at the Supreme Court. On the resolution of the Uche Ogah vs Okezie Ikpeazu
on May 12, 2007, the Supreme Court based on an application by Nwosu’s
counsel, Chief Solomon Umoh (SAN), returned the matter to the Court of
Appeal where another panel headed by Justice Bada, was constituted to hear
the appeal
Delivering its ruling on the matter, Chairman of the Court of Appeal
panel, Justice Bada, said the Court lacks jurisdiction to hear and
conclude the matter. He stated that Nwosu’s appeal is similar to suit No.
SC/ 717/2016, SC/719/2016 and SC/739/ 2016, Uche Ogah vs Okezie Ikpeazu
and 3 others, which was decided by the Supreme Court on May 12, 2017.
Other members of the panel agreed with the lead judgment that the court
lack jurisdiction over the appeal
Reacting to the verdict, Nwosu insisted that his case against Ikpeazu,
ought to be heard and determined by a competent court. He stated that the
Court of Appeal decided to ignore the decision of the Supreme Court on
Suit SC/717/2016, Ogah vs Ikpeazu, in relation to Section 31 (6) of the
Electoral Act, 2010, as amended, which is binding on it and other courts
of law in Nigeria.
Nwosu, however, added that the Supreme Court had decided in suit
SC/739/2016, that he and Uche Ogah have separate and independent rights of
action under Section 87(9) of the Electoral Act 2010, as amended.