Ahead of the December 5 Imo North senatorial bye election, the Federal High Court sitting in Owerri, the Imo State capital has dismissed an application of stay of execution brought before it by the former candidate of the all Progressives Congress, APC, Sir Frank Ibezim who is the intervener applicant and Mrs Uche Onyeiwu Ubah, the applicant.
This is even as the presiding Judge, Garba Rinjim invoked the doctrine of Stand-by in his judgement.
Recall that the court in its November 6, 2020 judgement had pronounced that senator Ifeanyi Ararume was the authentic winner of the Imo North senatorial primaries conducted by the APC panel on September 4,2020.
The applicants and the intervener Lady Uche Onyeiwu Ubah and the former candidate Frank Ibezim had respectively approached the Federal High Court, Owerri for a stay of execution in the said judgment and a leave to appeal the judgement.
They also prayed the court to reverse its judgment on the matter, saying that the said judgment affected the former candidate negatively
After hearing the submissions of the learned counsel and their affidavit, the presiding Judge, Justice Garba Ringim ruled that Mr. Frank Ibezim having the full knowledge of the pendency of the matter at the trial stage and willfully refused to be joined in the matter and decided to standby. The Judge said he should therefore abide by the judgment and thereafter invoked the doctrine of standby in his judgment.
However, while granting them leave to appeal the judgment and on the other hand dismissed their prayers for stay of execution.
According to the judge, the name of the 3rd respondent, Senator Ifeanyi Godwin Araraume has been submitted and published by the 2nd Respondent, the Independent National Electoral Commission(INEC)
He dismissed their the application for the stay of execution and ruled that Senator Ifeanyi Araraume remains the candidate of the party for the 5th December,2020 Imo North Senatorial election.