From Okey Sampson, Umuahia
A former governorship aspirant of All Progressives Grand Alliance (APGA), in Abia state, Etigwe Uwa has vowed to appeal the ruling of a Federal High Court in a preelection matter he instituted.
Uwa had filed a pre election case against Prof Gregory Ibe in relation to the APGA governorship primaries in Abia State, before Justice Maha of the Federal High Court, Abuja.
Delivering judgment on the matter, Justice Maha dismissed the case against Ibe.
In a statement, Chukwuemeka Awa, Director General of the Etigwe Uwa Campaign Organisation (EUCO) said they would appeal the ruling.
“The EUCO has received the news of the judgement of Justice Maha dismissing the pre election action filed against Prof Gregory Ibe in relation to the the APGA governorship primaries in Abia State.
“We are aggrieved by the decision and have instructed our lawyers to appeal against it”.
EUCO said Its grievance steamed from the fact that the court among others, declined an application filed to convert the case from an originating summons to one commenced by writ of summons.
This EUCO said became imperative after the Supreme Court in the David Edevie case, ruled that the mandatory provisions of Order 4 of the Federal High Court Preelection practice direction was that all Pre election cases must be commenced by Originating Summons is inapplicable to preelection cases where fraud or illegality or other criminal action is alleged.
“The court took almost three months to resolve the said application for conversion inspite of the issue having been settled by the Supreme Court and delivered its ruling on the application only two days ago when it is now virtually impossible to pursue an interlocutory appeal against the said decision and come back to the lower court to conclude the case whose constitutional time limit expires next week.
“As part of her reasons for dismissing the application the court referred to an objection filed by Ibe to two further affidavits and Fo’s discountenanced those further affidavits on the basis of a yet to be determined objection”.
The foregoing Awa said would form the basis of the appeal which team of lawyers of Uwa engaged in the matter would be filing.
The statement urged Uwa’s supporters to remain steadfast as their principal continues to fight for justice.
