The All Progressives Congress (APC) Governorship Aspirant in Abia state, Chief Dan Eke, has approached the Appeal Court, Owerri Division, seeking the annulment of the primary election that produced both Chief Ikechi Emenike and Uche Ogah as factional governorship candidates of the party.
An Umuahia division of the Federal High Court on Oct. 7, dismissed the suit by Eke, who was an aspirant, challenging the outcomes of the parallel APC governorship primaries.
The trial judge, Justice Evelyn Anyadike held that Eke lacked the locus standi to sue, having not participated in the exercise.
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Both Emenike and Ogah, a former Minister of Mines and Steel Development, emerged winners at two separate primary elections.
However, the party’s National Working Committee validated Emenike’s ticket obtained through an indirect mode of primary and forwarded his name to INEC.
Ogah, who emerged from a purported direct mode of primary, has since filed a suit also challenging Emenike’s candidacy.
Eke had alleged that both primaries were not conducted in compliance with Section 84(14) of the Electoral Act, the APC Constitution as well as the guidelines of the NWC for the May 26 primaries.
Meanwhile, his reliefs include that the Appeal Court should allow his appeal and also set aside the judgment of the trial judge.
He also urged the Court to consider and determine his suit on its merit.
He averred that the trial judge “erred in law” on six grounds, including denying him of the locus standi to sue and dismissing his suit without looking into its merit, amongst others.
Eke further averred that the decision by the trial judge that he did not participate in the APC primaries “occasioned a miscarriage of justice in the matter”.
His Counsel, Chief Obinna Nkume, told the News Agency of Nigeria (NAN) that the filing of the processes for the appeal by all the parties had been concluded.
“We are therefore waiting for the Court to give us a date,” he said.
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