By Ovat Abeng
The Court of Appeal, Abuja division has set aside the verdict of Justice Inyang Ekwo of the Federal High Court Abuja, which had on November 24, 2022 nullified the nomination of Hon Chris Azubogu as the APGA candidate for Anambra South Senatorial zone.
After the primary, Hon Ben Nwankwo headed to court to challenge the qualification of Engr Chris Azubogu to participate in the primary election which led to the nullification of the nomination of Azubogu by the Justice Ekwo of Abuja division of Federal High Court.
Not certified with the decision of the High Court, the APGA and Chris Azubogu filed an appeal challenging the judgement.
Delivering Judgement, the appellate court ruled that challenging the right of a political party to grant anyone waiver to belong in their party is not Justiciable, affirmed that waiver granted to Azubogu by APGA was in order and can’t be challenged.
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The appellant scaled the hurdle of section 65 constitution and He is qualified to contest election.
The court held that Matters on sec 68 and some others are not good bases for a pre election matter as contemplated by the respondent.
The finding of the lower court is Allen to relief sought by the originating summons and that the The party’s decision is supreme.
The court also stated that The failure of the speaker to act will not be visited on the appellant (Azubogu). He did his part by notifying him. The court granted Azubogu and APGA all their four reliefs.
In her judgement delivered on 1st February, 2023, the Court of Appeal set aside the judgement of the Federal High Court, affirming the nomination of the Engr Chris Azubogu as the candidate and flag bearer of All Progressive Ground Alliance (APGA) for Anambra South Senatorial zone. Azubogu was on 1st June, 2022 elected as the candidate of APGA by the party’s delegates for the election.
Reacting to the judgement, Engr Chris Azubogu, stated: “The judgement will strengthen our constitutional democracy and I salute the Appeal Court panel for setting aside the High Court Judgement”.
While thanking God Almighty for the victory, Azubogu also thanked the Governor, Chukwuma Soludo for providing leadership, the APGA leadership, members, and general public for their support, saying that it is victory for all.
Azubogu also appealed to his opponents to join him so that they will win the general election together and make the party and the people of Anambra South proud.