The Court of Appeal on Wednesday failed to determine the appeal filed by a governorship aspirant of the All Progressives Grand Alliance (APGA), Etigwe Uwa (SAN), on the merits but held that they cannot make a determination on the appeal that would be contrary to the decision made in the other appeal between Chikwe Udensi and Gregory Ibe nullifying the primaries and holding that APGA has no candidate.
Etigwe Uwa (SAN) is challenging the eligibility of Mr. Greg Ibe as the governorship candidate of the All Progressives Grand Alliance (APGA) in Abia State.
Reacting to the said judgement, a chieftain of the party in Abia State who refused to be named said: “Consequently, without determining the merits of the appeal, they struck it out. Significantly, Etigwe Uwa was not party to the other appeals and should not have been bound by a decision given in a case to which he was not party.
“The court raised a preliminary issue with respect to the competence of the two notices of appeal. The court found that the notices of appeal challenge the same decision of 19 January, 2023 and not 17 January, 2023. The court further held that on the day the appeal was heard, counsel failed to inform the court the notice of appeal he was relying on.
“Court further held that the decisions in other appeals go to the root of the instant appeal and as such this appeal will abide same.
“The court held that failure to join the Appellant as a party to the suit leading to the appeal is insignificant.”
