ENUGU, Nigeria (VOICE OF NAIJA)- The Supreme Court has declared Chukwuma Odii Ifeanyi as the authentic gubernatorial candidate of the Peoples Democratic Party (PDP) in Ebonyi State.
The decision was arrived at after setting aside the entire judgment of the Abuja division of the Court Appeal which went in favour of Joseph Obinna Ogba for being a nullity.
The five member panel of Justices of the Supreme Court, led by Justice Amina Augie unanimously upheld the appeal filed by Ifeanyi as meritorious.
In his judgement, Justice Lawal Garba held that the purported notice of appeal filed by Joseph Obinna Ogba on 17, 22 June 2022, which gave rise to the judgment of the lower court was incompetent in law as it was filed without the leave of court.
The apex court held that as a person having interest in a pre-election matter, but who was not made a party to the proceedings, ought to have obtained leave of the trial court to appeal as an interested party.
Justice Augie who agreed with the lead judgment by Justice Garba, distinguished her judgment in Ujogbo Vs Abba Umaro decision which the lower court relied upon in its decision.