Appeal Court dismisses suit against Ayade

The Cross River State Governor, Ben Ayade, won at the Court of Appeal Abuja Division, in an appeal no: CA/ABJ/CV/1394/2022, filed against him by Cecilia Adams, a participant in the May 28 primary of the All Progressives Congress.

The appellant had lost at the Federal High Court, Abuja, where she sought to challenge the candidature of Governor Ayade for election into the National Assembly, at the senatorial level.

Cecilia had scored zero votes at the primary but refused to participate in the fresh one conducted on July 14, 2022, for the Cross River North Senatorial District towards the 2023 General Election.

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 N.E. Maha of the Federal High Court.

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The court dismissed the appeal seeking to set aside the judgment of the trial court and to grant the reliefs sought in its originating summons which among others, was to order the Independent National Electoral Commission to recognise, accept and publish Adams’ name as the candidate of the APC for the Cross River North Senatorial District.

Also joined as co-respondents with Ayade in the appeal challenging the APC primary were the APC, Martin Orim and INEC (the 1st, 2nd and 4th Defendants respectively). The 2nd Defendant, Martin Orim, had earlier won the May 28 2022 senatorial primary; but later resigned to enable fresh primary to be conducted by INEC.

It was from these fresh primary that Ayade emerged as the sole contestant and winner on July 14, 2022, all of which were in strict compliance with the provisions of the Electoral Act.

The appellant had, through an originating summon filed on July 26, 2022, approached the Federal High Court, Abuja, praying amongst others for “an order of perpetual injunction restraining the 1st Defendant (INEC) their agents, servants, affiliates or privies from recognising and dealing with the 2nd and 3rd Defendants, or any other person, as the 2nd Defendants candidate for the Cross River North Senatorial District election in the forthcoming National Assembly elections to be held on the 25th February 2023 (or any other date that may be fixed).”

The counsel for Ayade, Ozekhome, had argued before the Federal High Court, Abuja, that Cecilia Adams was not entitled to the reliefs sought before the court. The trial court agreed with him and dismissed the claims of Adams in its entirety, because the 2nd 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 proceeded to the appellate court, seeking to overturn the decision of the lower court.

Similarly, the appellate court in its judgment dismissed the appeal in its entirety and upheld the decision of the lower court, stating that since the decision of the lower court was not perverse as it reflected the true position of the law, the appellate court had no business interfering with such a judgment.

“We stand by the decision of the lower court to hold that the appeal lacks merit and is accordingly dismissed”, the court held.