The Court of Appeal, Abuja, has dismissed the suit filed against Governor Ben Ayade of Cross River State, seeking his disqualification from the 2023 election.
POLITICS NIGERIA reports that Cecilia Adams, an aspirant in the May 28, 2022, gubernatorial primary election of the All Progressives Congress (APC), had taken Ayade to court, where she challenged the candidature of Governor Ayade for election into the National Assembly (NASS) in the forthcoming 2023 election.
According to a report on Punch on Friday, in a unanimous decision of the appellate court led by Justice Stephen Adah, in the appeal argued for Ayade by Mike Ozekhome (SAN), the court upheld the decision of Justice Nkeonye Evelyn Maha of the Federal High Court.
The court dismissed the appeal seeking to set aside the judgment of the trial court.
Ozekhome had argued before the Federal High Court, Abuja, that Adams was not entitled to the reliefs sought before the court.
The trial court agreed with him and dismissed the claims of Adams, because the second respondent (Martin Orim) duly complied with the provision of section 31 of the Electoral Act, 2022, in validating his withdrawal process from the Cross River senatorial district 2023 general election; and that the 1st Respondent (APC) also fully complied with the provisions of Section 33 of the Electoral Act, 2022, in organising fresh primary.
Dissatisfied with the judgment of the trial court, Adams headed to the appellate court, seeking to overturn the decision of the lower court.
Similarly, the appellate court in its judgment threw out the appeal in its entirety and upheld the decision of the lower court, stating that considering the decision of the lower court reflected the position of the law, the appellate court should not have interfered.
“We stand by the decision of the lower court to hold that the appeal lacks merit and is accordingly dismissed,” the court held.
