Appeal Court Upholds Gov. Wada’s Election
The appeal brought by the Congress for Progressive Change’s (CPC) governorship candidate, James Ocholi, (SAN) and the All Nigerian People Party (ANPP) challenged the judgment of the high court striking out the suit brought before if by the two appellant.
In a unanimous judgment read by Justice I.T.A. George-Mbama, the court upheld an earlier decision by the Federal High Court on the ground that the trial court was right in dismissing the suit jointly filed by the appellants and from which the appeal was raised.
The court declined jurisdiction and held that since the issues raised in both appeals related to election matters, the proper forum was the election tribunal.
Justice George-Mbama frowned at the decision of the two appellants to file two separate appeals when they jointly filed the case as plaintiffs at the trial court.
“The second appeal is similar to the one earlier decided. The parties are the same. At the lower court they were together.
“They have similar interest. They still have the same interest even in the appeal. It is therefore surprising to see them file different appeals. This is an unwholesome practice as it had overburdened the court.
“The mere fact that a federal agency is a party does not make it a case for a Federal High Court. It is the issue in dispute and the law that determine jurisdiction,” Justice George-Mbama held.
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