From Chuks Onuoha, Umuahia
The Federal High Court in Umuahia, Abia State, presided over by Justice Daniel Osiagor, has nullified the election of Kelechi Onuzurike, a member representing Umuahia North state constituency in the state House of Assembly. The court also ordered that fresh election should be conducted within 30 days while Onuzurike and other defendants were ordered to pay N8million compensation to the plaintiff.
The judgment was given in respect of a suit filed by Mr Sunday Ifeanyi Ajero, who claimed in the suit to be the authentic candidate of the party before he was displaced by the defendants.
The court held that Onuzurike, who won the seat under All Progressive Grand Alliance (APGA) was not the rightful candidate of the party at the 2015 general election.
Reacting to the judgment, Counsel to Ajero, Smart Ugochukwu Apu, said the judgment was a confirmation that Ajero, is the rightfully nominated candidate for Umuahia North state constituency.
But in a swift reaction, counsel to Onuzurike, Chief Uwandu Onyenakom, described the judgment as an error of the High court which he said the appeal court would correct.
“What you have heard is the judgment of the court, the judge promised that we would get the copy of the judgment; we will peruse the judgment and subsequently pursue the rights of our clients as best as we can on appellate level. We are not worried, I have met with my client and he is in high spirit.”
He said that his client has every reason to be joyful because, though the judgment was given against them, they have substantial grounds of appeal and believe that the court of Appeal will do the needful in no distant time.
“ We shall look at the judgment holistically, come up with grounds that will enable the appellate court to take a second look at the judgment and award us victory.”
The judge said that INEC which is the third defendant should conduct an election within 30 days , but the defendants have the right of appeal which stretches up to 90 days, so by the time we get the judgment tomorrow, we will file notice of appeal and also file a motion for a stay of execution until the court of appeal determines the appeal”, he explained, adding, “ we are confident that this error will be corrected as the court of appeal will identify the error and correct it”, he said.
Earlier, Counsel to the plaintiff, , Barr. Smart Ugochukwu Apu told newsmen that the court went through every documents and affidavit that were submitted, exhausted all and came up with the reason why the plaintiff should be the rightfully nominated candidate.
“We told the court that was how it was suppose to be and I thank God for what has happened today. It has gone a long way to show that false hood can never out run truth”, Apu said.
He said that it is most unlikely that the appeal court would go against the judgment of the High court, even if the defendants go for appeal, adding, “If you were there in the court, you would have seen that the court took time to digest all the issues that were raised by both counsels. When we are going for appeal, no fresh issues would be raised, it would be based on the very judgment of the federal High court”, he stated.