By: JAMES IBECHI
Information reaching jamesibechi.com has indicated that the APGA candidate in the 2019 Oju/Obi federal constituency election, David Ogewu has filed an appeal challenging the judgement of an Abuja federal high court over the issue of certificate of return.
The high court had previously quashed the suit Ogewu brought before it seeking order for the electoral umpire to release a certificate of return to him.
Dismissing the suit, the court adduced a breach of court process since Tribunal is still adjudicating the case, lack of merit as well as lack of jurisdiction to hear it.
INEC declared Ogewu winner of the Feb 23 poll but withheld certificate of return on the ground of declaration “under duress” as it was later learnt.
A legal expert based in Makurdi while reacting to the appeal by Ogewu said the Appeal Court could only determine whether or not the lower court had the jurisdiction to hear the suit and refer it back or bury it there.
He explained that should the appeal rules that the lower court has the jurisdiction to adjudicate the case, the suit would have become obsolete since the Tribunal’s ruling in Makurdi would have overtaken the case at the lower court.
According to the legal expert who preferred anonymity, the appeal by the APGA candidate would amount to a waste of time, energy and resource on the part of Ogewu.
Stay tuned for more update!