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From Godwin Tsa, Abuja
The Supreme Court yesterday dismissed two appeals by Senator Ifeanyi Ararume, seeking to declare him the candidate of the All Progressives Congress (APC) in the last by-election for Imo North Senatorial District of Imo State.
In its judgment delivered yesterday, the five-man panel of the court led by Justice Amina Augie dismissed the appeals for lacking in merit. The apex court consequently affirmed the judgments of the Court of Appeal, Owerri division, which voided the proceedings and decisions in the suit filed by Lady Uchenna Onyeiwu Ubah before the Federal High Court in Owerri.
The judgments delivered were on the appeals marked: SC/971/2020 and SC/972/2020 filed by Ararume. The court said the judgments should be applied to the cross-appeal, marked: SC/1060/2020 filed Dr. Edith Chidinma Uwajumogu, in which she sought to have Ararume declared as the candidate of the APC.
Justice Tijani Abubakar who prepared the lead judgments, said, after reviewing all the arguments by parties and the records, the court found that the appeals were without merit.
Justice Abubakar: “I hold the view that the lower court (Court of Appeal) was right in coming to the conclusion that the first respondent (Ibezim) was shut out and denied of his right to be heard as a necessary party in the suit at the trial court (Federal High Court). Therefore, the proceedings of the trial court constitute a nullity and must be struck out. Appellant’s appeal, therefore, lacked merit and it is hereby dismissed. The decision of the lower court, setting aside the judgment of the trial court is hereby affirmed. Parties are to bear their respective costs,” Justice Abubakar said.
Other members of the panel, Justices Augie, Uwani Abba-Aji, Samuel Oseji and Emmanuel Agim, all agreed with the lead judgment.
