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The Supreme Court of Nigeria has affirmed Ikechi Emenike as the All Progressives Congress (APC) governorship candidate in Abia State after Uche Ogah, a former minister of state for Mines and Steel Development, challenged the judgment of the Court of Appeal in Abuja which upturned his candidature for the governorship polls.
In a unanimous judgment delivered by a five-member panel of the Supreme Court led by Tijanni Abubakar the court held that Mr Ogahโs appeal was without merit.
โThere is nothing useful for the appellant to ask in this appeal. The judgement of the Court of Appeal, Abuja is affirmed. The appeal is dismissed,โ Mr Abubakar declared.
The duo of Ogah and Emenike had emerged as APCโs governorship candidates in Abia State from parallel primaries.
Last November, the Federal High Court in Abuja declared Mr Ogah as the governorship flagbearer of the APC.
In her judgement, the judge, Binta Nyako, voided the candidacy of Mr Emenike, which was recognised by the Independent National Electoral Commission (INEC) as the partyโs candidate for the March 11 governorship election in Abia State.
Mrs Nyako nullified the indirect primary election that produced Mr Emenike as APCโs standard-bearer.
The judge had ordered the APC to transmit Mr Ogahโs name to the electoral umpire as the candidate for Abia Stateโs governorship election for 2023.
Similarly, Mrs Nyako ordered INEC to accord due recognition to Mr Ogah as APCโs candidate.
However, the Court of Appeal in Abuja, in a unanimous judgement delivered by Peter Ige, nullified Mr Ogahโs candidacy, setting the stage for the tussle at the Supreme Court.
In the December 2022 verdict, the three-member panel of the appellate court said Mr Ogahโs appeal lacked merit and declared the 26 May 2022 primary election which produced Mr Emenike as the governorship candidate of the party in Abia State was valid.
The court held that Mr Uche Ogah lacked the โlocus standiโ (legal right) to challenge the outcome of the APC primary election since he did not participate in the exercise.
It said Mr Ogah had instead claimed that he took part in a separate primary election not sanctioned by the APC.
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