A Court of Appeal sitting in Abuja, on Wednesday, set aside the verdict of Justice Inyang Ekwo of the Federal High Court Abuja, which on November 24, 2022, nullified the nomination of Hon. Chris Azubogu as the candidate of the All Progressive Grand Alliance, APGA, in the Anambra South Senatorial zone, for the 2023 general election.
It will be recalled that after the primary election, Hon. Ben Nwankwo headed to court to challenge the qualification of Engr. Chris Azubogu to participate in the primary election, which led to the nullification of the nomination of Hon. Azubogu by the Justice Ekwo of Abuja division of Federal High Court.
Azubogu and APGA challenged Justice Ekwo’s decision at the Appeals Court.
Delivering Judgement, the appellate court ruled that challenging the right of a political party to grant anyone waiver to belong to their party is not justiciable, affirmed that waiver granted to Azubogu by APGA was in order and can’t be challenged. It said the appellant scaled the hurdle of section 65 of the constitution and was qualified to contest the election.
The court held that Matters on section 68 and others are not a sound basis for a pre-election matter as contemplated by the respondent. It also held that the lower court’s finding is alien to the relief sought by the originating summons and that the party’s decision is supreme.
The court also stated that the failure of the Speaker to act will not be visited on the appellant (Azubogu), adding that he did his part by notifying him. The court granted Azubogu and APGA all four reliefs.
In her judgment delivered on 1st February 2023, the Court of Appeal set aside the judgment of the Federal High Court, affirming the nomination of Engr Chris Azubogu as the candidate and flag bearer of All Progressive Ground Alliance (APGA) for Anambra South Senatorial zone. Azubogu was elected candidate of APGA on 1st June 2022 by the party’s delegates for the general election.