Another Victory, this time coming on the heels of the judgment of a Federal High Court which last week declared the nomination of Sir Frank Ibezim as the Imo North senatorial candidate of APC, null, void, illegal, unlawful and unconstitutional, has berthed at the shores of the Dan Nwafor, led faction of Imo State APC.
The new judgment and victory, compliment the declaration of Distinguished Senator Ifeanyi Godwin Araraume as the authentic and properly nominated APC candidate for the Imo North bye election which date was deferred following the violent uprising and looting that characterized the recent EndSARS protests nationwide.
In delivering the latest judgment, the Appeal Court sitting in Abuja, dismissed an application brought before it by the former National Chairman of APC, Adams Oshiomhole, seeking for a leave to appeal against an earlier judgment of a Federal High Court sitting in Abuja by Evan Enwerem (Jnr) who is a prospective son inlaw to the Okorochas.
When the judgment was delivered on the 18th of August 2018, by the presiding Judge, Othman Musa, of Abuja Federal High Court, restraining the National Chairman of APC, Adams Oshiomhole from interfering or tampering with the tenure, duties or powers of the Dan Nwafor led Imo APC state executive committee, Adams Oshiomhole and all concerned, refused or were reluctant to appeal against the judgment.
It was not until, they realized that not doing so will prevent the care-taker committee led by Chief Marcelinus Nlemigbo and Dr. Mrs Love Ineh, from organizing a fresh congress or primary election, that Oshiomhole hurried to the Appeal Court in Abuja seeking leave to appeal the verdict. By then it was time barred and the window allowed for such appeal 16 weeks altogether, had expired.
It was also the pendency of this application for a leave to appeal the judgment that the Acting National Chairman of APC, Mai Mala Buni relied upon when he purportedly conferred a hasty and reckless recognition on Marcellinus Nlemigbo, against Dan Nwafor, in the run down to the primary election for Imo North senatorial bye-election.
For the prompt recognition of the Imo North senatorial bye-election screening committee, the appeal committee proper, and the primary election committee and its resolution to accept the disqualification of Sir Frank Ibezim, Acho Ihim, Mathew Omegara, Chikwem Onuoha and others, the recent verdict upholding Distinguished Senator Ifeanyi Godwin Araraume as duly nominated by the primary election committee would have been another case for litigation by the opposition in the state. Indeed by this judgment Mai Mala Buni, Marcel Nlemigbo, Love Ineh, Frank Ibezim have lost out.
Meanwhile, senator Araraume had last week won his case against Mr Frank Ibezim who was purportedly the candidate of APC.
While delivering judgment in favour of Araraume, Hon. Justice T.G. Ringim of the federal High Court Owerri, stated that, “Frank Ibezim did not legally participate in the said primary, having not been cleared to participate therein”.
He added that the nomination and submission of the name of Chukwuma, Frank Ibezim to INEC by Imo APC is a nullity hence INEC was mandated to make the necessary replacement.
The parties, Nlemigbo, Ibezim and Mai Mala Buni lack capacity to challenge the ruling upholding both Dan Nwafor and Araraumes Victory by this latest development.