The Federal High Court, sitting in Abuja has dismissed a suit filed by Frank Ibezim, to compel the Independent National Electoral Commission, INEC, to issue to him a certificate of return as authentic candidate of the All Progressive Congress, APC
The Independent National Electoral Commission, INEC, had declared the APC winner of the Okigwe senatorial election held on December 5, 2020
The Commission, however did not return any candidate as winner of the election, after several court judgements had in one way or the other impeded the candidature of Senator Ifeanyi Araraume and Frank Ibezim. The duo are claiming to be candidates of the APC in the Okigwe senatorial election.
In his judgment, the presiding Judge, Justice Senchi struck out the matter for lack of merit. A cost of N200,000 was awarded against the petitioner by the court.
Recall that a Federal High Court, sitting in Abuja had disqualified Ibezim for certificate forgery and perjury.
But the Supreme Court had on February 6, 2020 dismissed two appeals filed by Senator Ifeanyi Araraume, urging the Court to declare him the candidate of the All Progressive Congress, APC in the Imo North Senatorial election.
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 said, he, “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.
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