APC Primary: Appeal Court Delivers Ruling In Suit Against Governor Ayade

APC Primary: Appeal Court Delivers Ruling In Suit Against Governor Ayade

The Court of Appeal Abuja Division dismissed a suit filed against Cross River State Governor over the All Progressives Congress Primary for the Cross River North Senatorial District on May 28.

Cecilia Adams, another aspirant who ran in the primary, filed the lawsuit.

The appellate court, led by Justice Stephen Adah, unanimously upheld the decision of Justice Evelyn Maha of the Federal High Court Abuja in its judgment.

Adams had lost in trial court when she attempted to challenge Governor Ayade’s candidacy for election to the National Assembly.

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She refused to participate in the new primary, which will be held on July 14, 2022, because she received no votes in the previous one.

The court dismissed the appeal, which sought to overturn the trial court’s decision and grant the reliefs sought in the originating summons, including ordering the Independent National Electoral Commission (INEC) to recognize, accept, and publish her name as the APC candidate for the Cross River North Senatorial District.

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The APC, Martin Orim, and INEC joined Ayade as co-respondents in the appeal challenging the party’s primary (the 1st, 2nd and 4th Defendants respectively). The second defendant, Martin Orim, had previously won the May 28 2022 senatorial primary, but later resigned to allow INEC to hold a new primary.

Ayade emerged as the sole contestant and winner of the new primary on July 14, 2022, all in strict accordance with the provisions of the Electoral Act.

The appellant had approached the Federal High Court, Abuja, through an originating summons filed on July 26, 2022, seeking, among other things, “an order of perpetual injunction restraining (INEC), their agents, servants, affiliates, or privies from recognising and dealing with the 2nd and 3rd Defendants, or any other person, as the 2nd Defendants candidate for the Cross River North Senatorial District election in the forthcoming National Assembly elections to be held

Mike Ozekhome, counsel for Ayade and Senior Advocate of Nigeria, argued that Cecilia Adams was not entitled to the reliefs sought in court. The trial court agreed with him and dismissed all of Adams’ claims.

Dissatisfied with the trial court’s decision, she appealed to the appellate court, requesting that the lower court’s decision be reversed.

Similarly, the appellate court dismissed the appeal in its entirety and upheld the lower court’s decision, stating that because the lower court’s decision was not perverse because it reflected the true position of the law, the appellate court had no business interfering with such a judgment.

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