
By Ikechukwu Nnochiri
The Supreme Court, on Friday, dismissed an appeal Senator Ifeanyi Araraume filed to set-aside a Court of Appeal judgement that sacked him as the authentic candidate of the All Progressives Congress, APC, in the Imo North Senatorial by-election that held on December 5, 2020.
The apex court, in two separate unanimous decisions by a five-man panel of Justices led by Justice Amina Augie, said it found no reason to dislodge the verdict of the Court of Appeal in Owerri, which declared Frank Ibezim as candidate of the APC for the poll.
In the lead verdict that was delivered by Justice Tijani Abubakar, the Supreme Court, held that the appellate court was right to nullify the judgement of the Federal High Court in Owerri, which had earlier recognised Ararume as APC’s Senatorial candidate.
The two judgments delivered on Friday were on appeals marked: SC/971/2020 and SC/972/2020, which were filed by Ararume.
The apex court said its judgments in the two appeals would also apply to a cross-appeal marked: SC/1060/2020, which Dr. Edith Chidinma Uwajimogu filed for Ararume to be declared as the candidate of the APC.
While dismissing the appeals, Justice Abubakar said: “I hold the view that the lower court (Court of Appeal) was right in coming to the conclusion that the first Respondent (Ibezim) was shut out and denied his right to be heard as a necessary party in the suit at the trial court .
“Therefore, the proceedings of the trial court constitute a nullity and must be struck out. Appellant’s appeal, therefore, lacked merit and it is hereby dismissed.
“The decision of the lower court, setting aside the judgment of the trial court is hereby affirmed. Parties are to bear their respective costs”.
Other members of the apex court panel that concurred with the lead judgement were Justices Augie, Uwani Abba-Aji, Samuel Oseji and Emmanuel Agim.
It will be recalled that Lady Uchenna Onyeiwu Ubah had shortly after the APC held its primary election ahead of the Senatorial by-election, went to court for an order to compel the party to submit Ibezim’s name to the Independent National Electoral Commission, INEC, as its candidate for the election.
However, the Federal High Court in Owerri, in a judgement it delivered on November 6, 2020, dismissed the suit on the premise that she lacked the locus standi to institute the action.


Leave a comment