By Jonathan Ugbal
The Calabar Division of the Court of Appeal on Saturday dismissed the notice filed by the People’s Democratic Party, PDP, and her guber candidate for the 2023 general elections in Cross River State, Senator Sandy Onor seeking the setting aside, a judgment of the Calabar division of the Federal High Court of November 24, 2022.
The appellants had on December 7, 2022, approached the Court via appeal number CAC/C/392/2022 to set aside the judgment of Justice Rosemary Oghoghorie in suit number FHC/CA/CS/142/2022.
The All Progressives Congress, APC, her guber candidate for the 2023 polls in Cross River, Senator Bassey Otu; his deputy, Hon. Peter Odey, and the Independent National Electoral Commission, INEC, were listed as the first to fourth respondents respectively.
Though the Court in a unanimous judgment read by Honorable Justice Oyebisi Folayemi Omoleye struck out the notices filed by the second and third respondents, seeking the affirmation of the trial Court, it among other things, that the appellants failed to convince the panel and awarded a cost of NGN 500 thousand jointly, and severally against them and in favor of the respondents.
The Court held that despite the fourth respondent not filing any process and not being represented throughout the pendency of the case before it, all processes were deemed proper.
The Court discountenanced the appellant’s ground of appeal questioning the membership of the third respondent of the first respondent since he had not properly resigned his membership of the first appellant. However, the Court held that the issue was still non-justiciable as it will not accept the invitation to dabble into the issue of party leadership and membership. The Court held that therefore dabbling into whether the third respondent was qualified will then become academic.
The Court also held that the appellants had Locus to institute the case and set aside the decision of the trial court on that.
Justice Omoyele also said that the judgment had the concurrence of the Presiding Justice of the Division, Honorable Justice Raphael Chikwe Agbo, and Honorable Justice Balkisu Bello Aliyu.
Responding to the Judgment, the counsel to the first respondent, Essien H. Andrew SAN commended the Court industry. Barrister First Baba Isa who appeared on behalf of the appellants alongside Theresa Mose Esq., commended the Court for having the judgment ready in less than three weeks after the oral arguments were heard on January 13, 2023.
Also, Benson Igbanor Esq, who appeared for the second and third respondents expressed the gratitude of his team and clients to the Court.
Mr. Isa told journalists outside the Court that upon receipt of the full judgment, it will be studied and the next action discussed. However, he expressed joy that the Court of Appeal agreed with the appellants on certain grounds.
