In light of the foregoing, one can agree with the decision of the Court and in consequence, resolve the sole issues against the Appellant; the judgment of the court delivered on October 24, 2022, by Honourable Justice Ijeoma Ojukwu is hereby affirmed
Court of Appeal, sitting in Calabar, Cross River State, has dismissed Senator John Owan Enoh’s case, and declared Senator Bassey Otu as the authentic Cross River All Progressives Congress’ governorship candidate.
The ruling was delivered by a three man panel of the court consisting of Justice Jimi Olukayode Bada (presiding), Justice Elfrieda Oluwayemisi Williams-Dawodu (who read the lead judgement) and Justice Ugochukwu Anthony Ogakwu.
In a unanimous decision on the appeal filed and argued for the Appellant by Chief Awa Kalu, SAN and opposed and argued by Chief Mike Ozekhome, SAN, for Senator Otu, the three-man panel dismissed the appeal filed by Senator John Owan Enoh, as lacking in merit and affirmed the decision of the Federal High Court in Suit No FHC/CA/CS/106/2022, delivered by Justice Ijeoma Ojukwu, on 24th October, 2022.
The brief facts of the case are that by an Originating Summons brought before the Federal High Court, Calabar, presided over by Justice Ijeoma Ojukwu, Senator John Owan Enoh had argued that the APC governorship candidate, Otu, was not eligible to contest for the party primaries held on 26th May, 2022; and that the National Working Committee (NWC) which cleared him to contest, had done so without such powers.
Senator Bassey Otu, through his Counsel Ozekhome, had argued that the NWC, being responsible for the daily administration of the party, had duly exercised its powers in clearing the candidate.
Ozekhome had also argued that there was no provision in the APC Constitution or Guidelines to the effect that without an appeal to the Screening Appeal Committee and the NWC by an affected aspirant, the NWC could not decide on appeals over an internal issue.
The Court of Appeal on 15th December, 2022, in a lead judgment delivered by Justice Williams-Dawodu, unanimously held that the fact that the NWC cited the wrong paragraph when it exercised its power to clear Senator Bassey was of no moment, as it did not thereby strip it of its powers to do so.
The three-man panel of the court further held that the NWC is the last appeal body according to the APC Constitution, therefore, denouncing the clearance by the NWC and holding that it had no power to clear Senator Bassey would amount to mere technicality.
It further held that the courts have and will continue to shy away from technicalities, and rather seek to do justice to a case on the merit. Given that both issues for determination were resolved in favour of Senator Bassey Otu, the court held that the appeal failed. It accordingly dismissed it and affirmed the judgment of the trial court.
It concluded thus: “In light of the foregoing, one can agree with the decision of the Court and in consequence, resolve the sole issues against the Appellant; the judgment of the court delivered on October 24, 2022, by Honourable Justice Ijeoma Ojukwu is hereby affirmed.”