TheCable

The supreme court has dismissed two appeals filed by Ifeanyi Ararume seeking recognition as candidate of the All Progressives Congress (APC) for the Imo north senatorial bye-election.

Frank Ibezim, an aspirant, had challenged the declaration of the federal high court in Imo, which ordered the Independent National Electoral Commission (INEC) to replace his name with that of Ararume.

The party’s electoral committee had declared Ibezim as the party’s flag bearer for the poll and his name was submitted to INEC.

However, three other aspirants declared themselves as winners of the primary poll.

On that basis, Uchenna Onyeiwu Ubah, another aspirant, asked a federal high court in Imo to determine: “Whether INEC is bound to accept the result of the APC panel? Whether APC having successfully conducted its primaries is under legal obligation to submit the result to INEC? Whether INEC is bound to accept the candidate so presented?”

TG Ringim, the high court judge, declared Ararume as the APC candidate but Ibezim appealed the order.

The court of appeal in its judgment set aside all the orders disqualifying Ibezim and directing INEC to accept Ararume as the candidate of the APC.

Aggrieved, Ararume approached the supreme court seeking to upturn the appellate court’s decision.

Delivering judgment on Friday, a five-man panel of the apex court led by Amina Augie, affirmed the decision of the court of appeal.

Tijani Abubakar who prepared the lead judgments said that after a review of all the arguments canvassed by parties and the records available, the court found that the appeals were without merit.

“I 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,” Abubakar said.

“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.”

INEC has since declared the APC as the winner of the Imo north bye-election which held on December 5, 2020.

However, the electoral commission did not return any candidate of the party due to several court orders against the two candidates.