Judiciary

THE Court of Appeal in Owerri has reserved judgment in a contestation suit challenging the emergence of Mr Emeka Atuma as the All Progressives Congress’s (APC) candidate for Abia Central Senatorial seat.

Justice Rita Pemu reserved judgment on the matter on a date to be communicated after hearing arguments of parties to the suit on Wednesday.

Mr Samuel Onuigbo, who contested the primary election, filed the appeal challenging an Oct. 4, judgment of the Federal High Court, Umuahia, which upheld Atuma’s election.

Mr Emeka Obegolu (SAN), counsel to Onuigbo, told the appellate court that his client won the APC’s primary election for the senatorial district held between May 28 and May 29.

He argued that INEC issued a report quoting the official date of the primary election.

Obegolu also urged the court to hold that the service of Notice of Appeal by the appellant constituted proper personal service to the APC.

While also raising a preliminary objection that respondents filed out of time, Obegolu urged the court to set aside the judgment of the lower court.

In his counter-submission, counsel to APC, Mr Vigilus Nwankwo, said the party conducted indirect primary election that was earlier fixed for May 28, but later rescheduled for June 7.

“APC filed process affidavit before the lower court showing that it did not conduct direct primary election in respect of the constituency, but rather conducted indirect primary election on June 7,’’ he said.

He told the court that Atuma emerged as the candidate for Abia Central Senatorial seat in the rescheduled primary election.

Nwankwo submitted that the appellant did not provide evidence to prove proper service as at the date of service.

He urged the court to dismiss the appeal and accept the judgment of the lower court, which he said was flawless, spotless and immaculate.

In her submission, counsel to INEC, Mrs Bertha Amadi, said it would not oppose the appeal.

Also, Counsel to Atuma, Mr Isaac Anya, while adopting his brief of argument urged the court to dismiss the appeal.

Anya said the argument of who won the primary election was not a new issue at the Federal High Court, Umuahia, contrary to the submission by Obegolu. (NAN)

A.I

Tags: All Progressives Congress APC INEC Mr Emeka Atuma Mr Isaac Anya Mr Samuel Onuigbo Mr Vigilus Nwankwo Mrs Bertha Amadi