The Cross River State Governor, Ben Ayade, won at the Court of Appeal Abuja Division, in an appeal CA/ABJ/CV/1394/2022 filed by Cecilia Omonya Adams, a participant at the May 28 primaries of the All Progressives Congress in the state.
Earlier, the appellant had lost the suit at the Federal High Court, Abuja, where she sought to challenge the candidature of Ayade for election into the National Assembly at the senatorial level.
Cecilia had scored zero votes at the said elections but refused to participate in the fresh APC primaries conducted on 14th July 2022, for the Cross River North Senatorial District towards the 2023 General Elections.
In a unanimous decision of the appellate court led by Justice Stephen Adah, in the appeal argued for Ayade by Mike Ozekhome, SAN, the court upheld the decision of Justice N.E. Maha of the Federal High Court, Abuja Division.
The court dismissed the appeal seeking to set aside the judgment of the trial court and grant the reliefs sought in its originating summons which among others, was to order INEC to recognise, accept and publish Adams’ name as the candidate of the APC for the Cross River North Senatorial District.
Also joined as co-respondents with Ayade in the Appeal challenging the APC primaries were APC, Martin Orim, and INEC (the 1st, 2nd and 4th Defendants respectively). The 2nd Defendant, Martin Orim, had earlier won the 28th May 2022 Senatorial primaries; but later resigned to enable fresh primaries to be conducted by INEC.
It was from these fresh primaries that Ayade emerged as the sole contestant and winner on 14th July 2022, all of which were in strict compliance with the provisions of the Electoral Act.
The appellant had, through an originating summons filed on 26th July 2022, approached the Federal High Court, Abuja, praying amongst others for ” an order of perpetual injunction restraining the 1st Defendant (INEC) their agents, servants, affiliates or privies from recognizing and dealing with the 2nd and 3rd Defendants, or any other person, as the 2nd Defendants candidate for the Cross River North Senatorial District election in the forthcoming National Assembly elections to be held on the 25th February 2023 (or any other date that may be fixed).”
Counsel to Ayade, Mike Ozekhome, SAN, had argued before the Federal High Court, Abuja, that Cecilia Adams was not entitled to the reliefs sought before the court. The trial court agreed with him and dismissed the claims of Adams in its entirety, because the 2nd Respondent (Martin Orim) duly complied with the provision of section 31 of the Electoral Act, 2022, in validating his withdrawal process from the Cross-River senatorial district 2023 general election; and that the 1st Respondent (APC) also fully complied with the provisions of Section 33 of the Electoral Act, 2022, in organizing fresh primaries.
Dissatisfied with the judgment of the trial court, Adams proceeded to the appellate court, seeking to overturn the decision of the lower court.
Similarly, the appellate court in its judgment dismissed the appeal in its entirety and upheld the decision of the lower court, stating that since the decision of the lower court was not perverse as it reflected the true position of the law, the appellate court had no business interfering with such a judgment.
“We stand by the decision of the lower court to hold that the appeal lacks merit and is accordingly dismissed”, the court held.
The court also held that section 33 of the Electoral Act, 2022 provides for a situation as the one before the court where a party in compliance with the Electoral Act duly held fresh elections. The Appellant who was not a participant in that fresh election could not be heard to complain about the result of such an election.
The panel stated that the judgment of the lower court captured the facts of the case and the position of the law and that where the facts and laws are properly captured, the court of appeal has no business interfering with such a decision.
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