Ogbonnaya Ikokwu
A governorship aspirant in the 2014 Peoples Democratic Party governorship primary in Abia State, Mr. Friday Nwosu, has filed a notice of appeal at the Supreme Court against the Court of Appeal for saying it lacks jurisdiction to hear and determine a case of alleged submission of false information, filed against Governor Okezie Ikpeazu.
Nwosu disclosed this in a statement on Saturday.
A five-man panel of the Court of Appeal, sitting in Owerri Division and headed by Justice Jimi Bada, had on July 18, 2017, ruled that it lacks jurisdiction to hear and determine Nwosu’s appeal on the basis that it is similar to the suit-Uche Ogah vs Okezie Ikpeazu- decided by the Supreme Court on May 12, 2017.
In a notice of appeal against suit CA/OW/190/2016, FHC/OW/CS/191/2015, filed at the Supreme Court between Friday Nwosu versus PDP and three others as respondents, Nwosu sought three reliefs.
The statement partly read, “An order for the Supreme Court to assume jurisdiction under Sections 17 and 22 of the Supreme Court Act and Sections 6 (6) (a) and 36 (1) of the 1999 Constitution (as amended) to hear and determine the substantive appeal so as to determine the appellant’s rights and obligations in the subject matter within reasonable time, since the Court of Appeal has consistently refused to hear and determine the appeal and the appellant’s prayers.
“The learned justices of the Court of Appeal erred in law when, in their capacity as Court of Appeal, they refused to consider and make their findings on jurisdiction and also give a substantive judgment on the matter so as to enable the Supreme Court to have the benefit of their findings on the appellant’s appeal.
“The learned Justices of the Court of Appeal erred in law when the court declined jurisdiction to hear and determine Appeal no CA/OW/190/2016 on the grounds that the decision of the Supreme Court in SC/739/2016 consolidated with SC/717/2016 and SC/ 719/2016, has rendered it an academic exercise, and this occasioned a miscarriage of justice, among others.”
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