Judex Okoro, Calabar
The Court of Appeal sitting in Calabar has refused an oral application by the factional All Progressives Congress (APC) in Cross River State for a stay of execution of a Federal High Court judgment recognising Mr John Etin-led state executive committee of the party.
The Appeal Court in suit No CA/C/65M/2019 and presided over by Hon. Justice M.A. Owoade, ordered all parties to maintain the status quo pending the determination of the appeal filed by that faction of the party led by Sir John Ochala against the judgment of the Federal High Court.
The Federal High Court 2 presided over by Hon. Justice S. A. Amobeda, had on February 11, 2019, given judgment in the suit with number FHC/CA/CS/73/2018, in which the court recognised the Etim John-led leadership of the party as the authentic leadership of the party in the state.
The Federal High Court also directed the Independent National Electoral Commission (INEC) to recognise the list of candidates presented by the Etim John-led leadership in the forthcoming election.
After reading the application filed on 18/02/2019 and the affidavit in support by of the motion sworn to by Dr (Mrs.) Bassey, Etim Nakanda, and filed the same day, and after hearing from Awa. U. Kalu (SAN) for the applicants, Mba Ukweni (SAN) holding brief for D.D. Dodo, for the 1st respondent, and E.E Osim, for the Senator Victor, Ndoma Egba, Justice Owoade directed among others “that interested applicants shall rely on the already transmitted record of appeal by the applicants” and that “the applicants to file a notice of appeal in this “court not later two days from today.”
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Among those in the list as presented by the Etim John faction of the party was the Minister of Niger Delta Affairs, Pastor Usani Usani who is their governorship candidate.
Others were Prince Bassey Otu, senatorial candidate, Cross River South; Chief Akin Rickettes, senatorial candidate, Cross River Central and Chief Ugba Murphy, senatorial candidate, Cross River North.
A list of House of Representatives candidates was also presented to INEC.
The Appeal Court, however, granted the John Ochala faction of the party leave to appeal the judgment of the Federal High Court.
Other appellants in the appeal were Bishop Victor Ebong and Bassey Ita.
Parties interested/applicants in the appeal were Senator Owan Enoh, Senator Victor, Ndoma Egba, and Dr. Bassey, Etim Nakanda.