…as PDP, Val Ayika returns to Appeal Court<\/p>\n
The legal battle in the disputed election of Dunukofia\/Njikoka\/Anaocha
\nfederal constituency between Hon Dozie Nwankwo of APGA and Hon Val Ayika
\nof PDP is yet to be over.<\/p>\n
It was gathered that the Independent National Electoral Commission (
\nINEC) as at\u00a0 Nov. 5 refused to issue certificate of return to Hon Dozie
\nNwankwo stating that the Commission’s legal department is still studying
\nthe judgement.<\/p>\n
A copy of an application filed by the People’s Democratic Party (PDP) to
\nthe Appeal Court, Enugu Division, asking the Appellate court to enforce
\nthe judgement of the Supreme Court delivered on February 11,\u00a0 2019 which
\naffirmed Hon Valentine Ayika as the candidate of the party in the
\nFebruary 23, national assembly election.<\/p>\n
The Appeal court Enugu, will convene Nov. 7\u00a0 to hear the application.<\/p>\n
Recall that the Enugu Division of the Court of Appeal had sacked Hon Val
\nAyika on the grounds that PDP had no candidate as at the time of the
\nelection and declaration of result of February 23, national assembly
\nelection against the subsisting judgement of the Supreme court which
\naffirmed Ayika as the PDP’s candidate.<\/p>\n
Apart from the judgement of the Supreme court on Ayika vs Egenti. The
\nCourt of Appeal, Enugu had again, dismissed the appeal from Hon Richard
\nEgenti who had approached the Appellate court when the tribunal struck
\nout his petition.<\/p>\n
The Court of Appeal, Enugu had ruled that since the Supreme court had
\nstruck out Egenti’s application against PDP and Val Ayika on the outcome
\nof PDP’s primaries, that the lower court had no jurisdiction to hear it
\nagain. The Court of Appeal was angry that Egenti came back to court to
\nreinstitute a case already concluded at the Supreme court.<\/p>\n
It becomes an aberration and legal mystery for the same Court of Appeal,
\nEnugu that struck out the case of Egenti based on the decision of the
\nSupreme court, to turn around and hear same matter brought before it by
\nHon Dozie Nwankwo.<\/p>\n
This battle is not over yet. The celebration in the camp of Dozie
\nNwankwo has been halted pending the determination of these legal
\ncomplexities.<\/p>\n
The Court of Appeal can never override the Supreme Court judgement on
\nthe same matter, the same respondents and the same jurisdiction.<\/p>\n
Meanwhile, with the application filed by the PDP at the Court of Appeal,
\nEnugu, asking the court to restore Hon Val Ayika as the candidate of the
\nparty, in line with the February 11, Supreme Court judgement, this
\nmatter will finally be resolved at the Apex court, as the outcome of the
\napplication can also be appealed to Supreme Court.<\/p>\n
…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…<\/p>\n","protected":false},"author":1,"featured_media":70282,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-70281","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n