Ideato Ticket: Supreme Court Declares Ugochinyere PDP’s Candidate

Alex Enumah in Abuja

The Supreme Court yesterday declared Mr Ikenga Ugochinyere as the authentic candidate of the Peoples Democratic Party (PDP) for the seat of House of Representatives in Ideato North and South Federal  Constituency in Imo state.

The apex court, in a judgment upheld the decisions of the Court of Appeal and trial court which upheld the nomination of Ugochinyere as candidate of the PDP for the said election.

According to the unanimous decision, there are no grounds put before it to nullify the ticket of the party in the custody of Ugochinyere, having fulfilled all the provisions of the law and complied with stipulated guidelines.

The appeal marked SC/CV/1439/2022, and filed by Hon. George Igbo (appellant) challenged the decision of the Court of Appeal Owerri Division.

Respondents in the appeal include; the PDP, INEC, Mrs Chidimma Uzomba, Mr Anthony Obinna etc.

In their judgment dismissing the appeal, the Supreme Court upheld the preliminary objections raised by Ugochinyere and the PDP.

In the lead judgment delivered by Justice Kudirat Kekere-Ekun, the apex court held that the abysmal failure and/or refusal of the appellant’s counsel to comply (sic) with the rules of procedure in prosecuting the appeal and indeed abandoned same affected the appeal.

“The appellant filed his notice of appeal at the lower court on September 9, 2022 within the 14 days period from the date of Judgment of the trial court as provided by the Electoral Act 2022 and section 285(9) of the Constitution.

“Section 9 of the Election Judicial Proceedings Practice direction, 2022 mandatorily provided that the Record of Appeal shall be compiled and served on all the parties not more than (10) days of the receipt of the Notice of Appeal.

“The Notice of Appeal at the lower court was filed on September 9, 2022. The Record of Appeal was compiled on September 19, 2022, eleven days after the notice of appeal was filed. One day out of time. See the admission of the appellant at page 1639 of the Record of Appeal Vol. 3.

“The said record of appeal was served on the parties on October 19, 2022, 40 days after the Notice of Appeal was filed against the clear provision of Section 9 of the Election Judicial Proceeding Practice Directions 2022,” the apex court noted.

The Supreme Court held that the lower court was right in holding that the appellant’s appeal is deemed abandoned.

It further admitted that it lacked the jurisdiction to determine the appeal or in the least invoke its general powers under Section 22 of the Supreme Court Act, to determine the real issues in controversy.

Citing Section 285 (12) of the Constitution the apex further held that, “An appeal from a decision of a court in a pre-election matter shall be heard and disposed of within 60 days from the date of the filing  of the appeal.

“At the Court of Appeal, the appeal of the present appellant was vide its Notice of Appeal filed on September 9, 2022 and the 60 days for the hearing and disposition of the appeal by the Court of Appeal lapsed on November 7, 2022″of.

In addition, the Supreme Court held that, the lower court did not determine the appeal within the constitutional period of 60 days, “hence there was no pending appeal relating to the merits of the case before the Court”.

Justice Kekere-Ekun stated that the law is settled that where the original jurisdiction in the lower court is extinct or had lapsed, the powers of the appellate court to exercise jurisdiction is a fortiori, extinct or non-existent as well.

“Hence, this Honourable Court cannot invoke its powers under Section 22 of the Supreme Court Act”, the court held.