The legal battle in the disputed election of Dunukofia/Njikoka/Anaocha federal constituency between Hon Dozie Nwankwo of APGA and Hon Val Ayika of PDP is yet to be over.
AIF Media learnt that the Independent National Electoral Commission, INEC as at yesterday, November 5, 2019 refused to issue certificate of return to Hon Dozie Nwankwo stating that the Commission’s legal department is still studying the judgement.
AIF Media has also obtained a copy of an application filed by the People’s Democratic Party, PDP to the Appeal Court, Enugu Division, asking the Appellate court to enforce the judgement of the Supreme Court delivered on February 11, 2019 which affirmed Hon Valentine Ayika as the candidate of the party in the February 23, national assembly election.
The Appeal court Enugu, will therefore convene tomorrow, November 7, 2019 to hear the application.
Recall that the Enugu Division of the court of Appeal had sacked Hon Val Ayika on the grounds that PDP had no candidate as at the time of the election and declaration of result of February 23, national assembly election against the subsisting judgement of the Supreme court which affirmed Ayika as the PDP’s candidate.
Apart from the judgement of the Supreme court on Ayika vs Egenti. The court of Appeal Enugu had again, dismissed the appeal from Hon Richard Egenti who had approached the Appellate court when the tribunal struck out his petition.
At the Appeal Court Enugu, the court ruled that since the Supreme court had struck out Egenti’s application against PDP and Val Ayika on the outcome of PDP’s primaries, that the lower court had no jurisdiction to hear it again. The Appeal court was angry that Egenti came back to court to reinstitute a case already concluded at the Supreme court.
It becomes an aberration and legal mystery for the same Appeal court Enugu that struck out the case of Egenti based on the decision of the Supreme court, to turn around and hear same matter brought before it by Hon Dozie Nwankwo.
This battle is not over yet. The celebration in the camp of Dozie Nwankwo has been halted pending the determination of these legal complexities.
The Appeal court can never override the Supreme court judgement on the same matter, the same respondents and the same jurisdiction.
Meanwhile, with the application filed by the PDP at the Enugu Appeal court, asking the court to restore Hon Val Ayika as the candidate of the party, in line with the February 11, Supreme court judgement, this matter will finally be resolved at the Apex court, as the outcome of the application can also be appealed to Supreme court.
Stay tuned for update as the fresh legal battle returns tomorrow.
Below is the application and grounds of appeal by PDP: