AN aspirant in the December 8, 2014, Peoples Democratic Party, PDP, governorship primaries in Abia State, Sir Friday Nwosu, has filed a notice of appeal at the Supreme Court, against the judgment of the Court of Appeal, Abuja Division, which dismissed his suit against Dr. Uche Ogah, adding that the apex court will vindicate him.
Nwosu had contested the June 27th judgment of the Federal High Court 10, Abuja, delivered by Justice Okon Abang which declared Uche Ogah as governor, stressing that the latter having petitioned the PDP that only people from neighbouring states voted in the primaries while authentic party delegates were locked out of the venue, has lost his right to benefit from the exercise. But a five man Court of Appeal panel headed by Justice Morenike Ogunwumiju, dismissed his suit.
In a notice of appeal against suit No. Appeal No. CA/A/390B/2016, FHC/ABJ/CS/71, filed at the Supreme Court, between Sir Friday Nwosu, appellant and Dr. Uche Ogah, PDP, Dr. Okezie Ikpeazu and the Independent National Electoral Commission, as respondents, Nwosu sought 6 reliefs; an order dismissing the 1st respondent’s suit on the ground that it constitutes an abuse of court process, an order that the suit of 1st respondent i.e. Suit No. FHC/ABJ/CS/71/2016 is incompetent and the trial court lacked the jurisdiction to hear and determine the Suit as constituted and a declaration that the appellant was the rightful gubernatorial candidate of the 2nd respondent (PDP) in the 2015 general election by virtue of the 8th December 2014 2nd respondent’s (PDP) gubernatorial primary election in Abia State.
Others include; a declaration that the appellant is the duly elected governor of Abia State by virtue of the governorship election held in Abia State in April, 2015, being the duly nominated gubernatorial candidate of the 2nd respondent (PDP), an order that the appellant be sworn in as the Governor of Abia State by the Chief Judge of Abia State or any other relevant Chief Judge or any judicial officer empowered by law to do so, among others.
He also outlined 10 grounds of appeal and particulars of error on which the Court of Appeal occasioned a miscarriage of justice.
According to him, “The learned Justices of the Court of Appeal erred in law when they held that the 1st respondent’s suit No. FHC/ABJ/CS/71/2016 before the trial court did not constitute an abuse of court process despite the records placed before them which showed that the 1st respondent’s suit was instituted after the 1st respondent has been sued as a defendant and served with the appellant’s suit No FHC/OW/CS/191/2015 between all the same parties and the same subject matter and reliefs sought being same; the learned Justices of the Court of Appeal erred in law when they held that the 1st respondent did not waive his right to be nominated as the governorship candidate based on the 8/12/2014 PDP governorship primaries in Abia state and thus failed to give effect to the written condemnation, repudiation and rejection of the PDP primaries which the 1st respondent effected in writing and on oath which were all records before the court, among others.”