The Court of Appeal has affirmed Ayogu Eze as the governorship candidate of the APC in Enugu state for the upcoming election.
The court, in a judgment by a three-member panel led by Abdul Aboki on Thursday, set aside the judgment of the Federal High Court which had earlier affirmed George Ogara as the All Progressive Congress (APC) governorship candidate of the state.
The APC held its primaries on October 4 and Mr Ogara filed his suit at the Federal High Court on November 5.
Mr Aboki voided the Federal High Court decision on the ground that the suit brought before the trial judge had become statute barred and not competent in law, having been found outside the mandatory 14 days populated by section 258(9) of the 1999 constitution.
The court specifically held that the suit of Mr Ogara was caught by the 4th alteration Act to the 1999 constitution which as a new law, makes it mandatory for all pre-election matters to be filed within 14 days of the cause of action.
In the instant case, Mr Aboki said that the case of Mr Ogara was more than 32 days clear days, after the cause of action, thereby rendering the suit to a mere academic exercise.
Mr Aboki held that the failure of Mr Ogara to file his suit within 14 days has offended section 285(9), removed jurisdiction from the trial court and made the case to be statute bar.
Mr Aboki said that whatever right Mr Ogara may have in this suit has been extinguished by law and therefore has no right to benefit any longer from the case.
Mr Ogara and the Independent National Electoral Commission (INEC) are the respondents on the matter.law and therefore has no right to benefit any longer from the case.
Mr Ogara and the Independent National Electoral Commision (INEC) are the respondents on the matter.