Respite came the way of Anambra
Governor, Chief Willie Obiano on Wednesday as the Enugu Division of the Court
of Appeal gave its judgement in favour of his faction of the All Progressives
Grand Alliance, APGA.
Obiano’s faction led by Victor
Oye has already conducted its primary for the Anambra guber election, with
Obiano emerging winner.
However, until now, his fate was
hanging in the balance following an order of an Enugu High Court, presided over
by R.A Ozoemena, which had removed Oye as chairman and replaced him with Martin
Agbaso.
The lower court’s order was
sequel to a suit filed by a member of APGA in Enugu State, Mr. Mike Anioke.
This prompted Oye to head to the
Appeal Court, where he contended through his counsel, Emeka Etiaba, (SAN).
Those joined in the appeal were
Anioke, APGA, the Independent National Electoral Commission, INEC, the IG of
Police and the Enugu State Commissioner of Police.
In a unanimous judgement, the
three-man Appeal Court judges sacked Agbaso and restated Oye.
The judgement was read by Justice
Abdul Aboki. Two other justices of the court, Bolaji Yusus and Shatta Bdylya
totally concurred with him.
All the grounds of appeal were
resolved in the appelant’s (Oye) favour.
The Court held that the judgement
of the lower court was null and void as it affected Oye even when he was not a
party to the suit.
“Where a party that is likely to
be affected is not joined, the judgement is null and void; there is no doubt
that the order of the court affected the appelant. There is a breach of 6 (1)
of the Constitution of the Federal Republic of Nigeria, as amended.
“It is null and void and without
legal battle. Appeal is hereby allowed, ruling of the lower court is hereby set
aside.
“Parties are to bear their
costs”, the Court held.
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