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From Uchenna Inya, Abakaliki
The Court of Appeal, Enugu Division, on Thursday affirmed the judgement of Justice R. O. Riman of the Federal High Court, Abakaliki, nullifying the conduct of local government election in Ebonyi State in 2022.
Justice Joseph Ekanem who read the lead judgement dismissed the three appeals filed by Ebonyi State Government, Central bank of Nigeria (CBN) and the local government chairmen challenging the ruling of the Federal High Court.
The apex court ruled that the earlier judgement of Justice R. O. Riman then of Federal High Court Abakaliki remains valid and subsisting. “the judgment in FHC/AI/CS/224/2022, which the Appellants challenged on appeal, was meant to enforce compliance with the earlier judgment in FHC/AI/CS/151/2022 contrary to the argument of the appellants.”
The court ruled that the appeals were dismissed for proliferation of issues for determination by the appellants which resulted in an incompetent brief of argument.
The suit with Appeal number NO.CA/E/381/2022: Hon Nwogba Ebere Oboh & 12 others versus Otu Collins Eleri and 12 others.
On the second appeal with suit number NO.CA/E/176/2023: CBN V. Otu Collins Eleri and 22 others, the suit partly succeeded on the ground that nothing shall stop the release of local government funds from the Federation Account. However, such monies must not be spent by the appellants who were not validly elected.
The third appeal NO.CA/E/266/2023 titled the Governor of Ebonyi State & 2or vs Otu Collins Eleri and 22 ors, was dismissed for lacking in merit as the judgment in Suit No. FHC/AI/CS/151/2022, which nullified the purported chairmen and councillorship elections conducted on 30/07/2022 in Ebonyi State was still valid and subsisting.
