By Ikhili Ebalu, Benin City
THE Court of Appeal sitting in Benin City has nullified the All Progressives Congress (APC) National Assembly Primaries election appeals committee headed by former governor of Edo State, Professor Oserheimen Osunbor and also declared the Speaker, Edo State House of Assembly, Hon Kabiru Adjoto as the candidate of the party for Akoko-Edo federal constituency.
Delivering its judgment on an appeal brought before it by Adjoto who claimed he won the party’s primary election but was denied the ticket and that the lower court did not give him justice, Justice Moore Abraham-Adumein also said that the trial court ought to have heard the case brought before it since it is its duty to do so but lamented that “The trial court for reasons best known to it failed or neglected to make any pronouncement on the live issue before it” but that the trial court failed to do this.
In a related development, Justice Adumein also dismissed the appeal of Osazee Obazee, Oredo East Constituency in favour of Uyiosasere Ekhosuehi as the rightful party candidate.
He held that Ekhosuehi remains the party candidate till January 2019 when the independent National Electoral Commission published the names of the party candidates for the State House of Assembly.
He said the Osunbor committee was not properly constituted because the committee contravenes Article 21 B of the APC guidelines party of which says “no member of the five member appeals committee shall be from the state of assignment” and so the committee abinition ought not to hear the case.
He however said referring the case back to the trial court would have been statute bared but that haven considered the evidences before the lower court which it did not consider, Adjoto won the primary election as the returning officer during the election Hon Sufiyanu Igbafe declared that Adjoto scored 7,034 votes as against his opponent, Honourable Peter Akpatason who scored 5,606 votes.
He said; “This appeal is hereby unanimously allowed and the prayers sought by the appellant in the trial court are hereby granted and the sum of N300,000 is hereby awarded as cost against the 1st and 2ndrespondents”
He said his two colleagues; Justice Chioma Nwosu-Iheme who is the presiding justice and Justice Tunde Efotoye agreed with the judgment.
However, lawyer to Akpatason, Omoh-Ige Adebayo said they would contest the judgment in the Supreme Court while an elated Adjoto said “The judiciary is not only the last hope of the common man but also of the big man” and promised to give more representation to his people more than he has given in the state house of assembly.
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