The Court of Appeal in Abuja has dismissed the appeal filed by Prince Lawrence Ezeh of the All Progressives Congress challenging the election of the election of Dr Chimaroke Nnamani as the senator representing Enugu East Senatorial District.
According to The Punch: Ezeh had instituted a suit to disqualify Nnamani, former Governor of Enugu State, as the validly nominated candidate of the Peoples Democratic Party, alleging irregularities in the signing of his nomination form.
According to a statement on Thursday by the Press Secretary to Nnamani, Mr Dan Nwome, the appellate court had on Wednesday, while delivering judgment on the appeal agreed with the earlier decision of Justice Ekwo which dismissed the original suit for lacking in merit and being statute-barred.
Counsel to Ezeh, Dr Frank Ikpe, had argued that the case was not statute-barred and that the lower court erred in law not to have proceeded to the merits of the claim.
However, Nnamani’s counsel, Obinna Onyia, holding brief for Dr Onyechi Ikpeazu (SAN), in opposing the appeal argued that the originating summons was not brought in compliance with Section 285(9) of the constitution (as amended).
Also, counsel to the PDP, Tobechukwu Nweke, urged the appellate court to dismiss the appeal as being frivolous and lacking in merit.
In dismissing the appeal, the three-man panel of the appellate court, in the judgment read by Justice Mohammed Idris, adopted the arguments canvassed by the respondents agreeing with the judgment of Justice Ekwo that the plaintiff did not initiate the suit within the 14 days allowed by the fourth alteration to the constitution.
Nwome said the appellate court concluded that the appeal lacked merit and dismissed same.