“Why Ogah lacks locus standi to appear in court”
– PDP governorship aspirant, Friday Nwosu, says Ogah lacks the locus standi to appear in court because he protested the process of the primaries
– Argues that there is an abuse of court process which cannot be neglected
One of the aspirants of the Abia state Peoples Democratic Party (PDP) primary election, Friday Nwosu, has filed an appeal against the June 27 judgement of the Federal High Court sacking Okezie Ikpeazu as governor of the state.
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At the Court of Appeal today, August 9, counsel to Nwosu, J. C Idoko told the court the first defendant – Ogah – lacked the locus standi to come before the court.
Idoko said Ogah had claimed that the PDP primary election which brought Ikpeazu into power was fraudulent.
He said that Ogah having protested the process of the primaries lacked the right to accept benefits of the process.
“He cannot come back to claim benefit from the same election,” Idoko said.
He further argued that there was an abuse of court process which cannot be neglected.
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But in his objection, Alex Iziyion counsel to Uche Ogah urged the court to dismiss the appeal.
Iziyion said the appeal that was frivolous and lacked merit.
He further prayed the court to adopt his brief of preliminary objection.
He said Nwosu is a party who applied to be joined and that there was no relief against him at the lower court so what is he appealing.
“He has no locus standi,” Iziyion said.
On the issue of abuse, Iziyion said the processes were breached and his client complained but that does not mean Ogah should sit back and watch.
“We did not include forgery in our appeal, his appeal is an irritant, we urge your lordship to dismiss the appeal,” he added.
But in his objection, Olabode O. holding brief for Wole Olanikpekun said that his client Okezie Ikpeazu conceeds to the issue of court process.
Olabode however said the only order that can arise from an abusive case is a deserving order of dismissal.
He further said Nwosu cannot be governor with only five votes as no usurper can be allowed to take the seat of the party.
But in his reply, Idoko said the preliminary objection by the first respondent is unfounded.
He urged the court to discountence the preliminary objection raised by the first respondent and allow Nwosu’s appeal.
Having heard all submission and objections on the appeal, the lead judge over the five-man panel Morenike Ogunwumiju said the Court of Appeal will reserve ruling on the appeal while a convenient date will be given to parties involved.
In a related development, the Court of Appeal has reserved judgment in an appeal by Ekezie Ikpeazu against the judgment of a Federal High Court, Abuja, which sacked him as governor of Abia state, Vanguard reports.
Alex Iziyon, counsel to Ogar, at the court today stated that it was as an abuse of court processes for the appellant to seek relief from the Abia high court and the appeal court at the same time.
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