The All Progressives Congress (APC) and its candidate, Chike Okafor, have filed an appeal at the Court of Appeal in Abuja challenging the judgment that declared Emeka Nwajuba winner of the Ehime Mbano/Ihite-Uboma/Obowo Federal Constituency of Imo State.
In a seven-grounds of appeal, Okafor’s counsel, Roland Otaru (SAN), asked the Court of Appeal to declare that the FCT High Court, which returned Nwajuba on April 29, erred in law when it held that it had become functus officio to revisit its order.
Okafor argued that the decision of April 29, 2019 and the entire proceedings in the suit is a nullity as it was made without jurisdiction, adding that a court can never be functus officio to set aside or revisit its null orders.
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The orders made by the court on April 29, 2019 were made without jurisdiction as they were made well outside the 180 days permitted by the 4th Alteration Act to the 1999 Constitution for the trial court to conclude pre-election matters.
The FCT High Court had in the order reiterated its earlier order of February 12, which barred the APC from presenting any candidates for the February 23 National Assembly election following a suit by a member of the party, Mrs. Uzoma Chioma Mary-Ann.
While the Uzoma suit was pending, Nwajuba joined the Accord Party in which he contested against Okafor, who won the election and was issued a certificate of return. But Nwajuba was returned based on the court order.
Okafor told the appellate court that he was not joined as a party in the suit that barred the APC, adding that the high court refused to revisit the order.
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