The Owerri Division of the appellate court affirmed his candidacy for the party.
In its judgment on Wednesday, the Appeal Court dismissed the appeal filed by Daniel Eke Vs APC & ORS in Appeal No. CA/OW/419/2022.
Eke, who was a governorship aspirant on the platform of APC in Abia had challenged the outcome of the May 26, 2022 primary election on the ground that the process did not comply with both the Electoral Act and party guidelines.
He lost the case at the Federal High Court Umuahia where it was dismissed by Justice Evelyn Anyadike on the ground that he lacked the locus to institute the matter. Not done, Eke went to the Appeal Court, Owerri to challenge the verdict of the court of first instance.
But in the judgment read by Hon Justice Pemu Rita Nosakhare, the three judges in the appeal panel unanimously held that the indirect primary election conducted by APC that produced High Chief Ikechi Emenike as the gubernatorial candidate of APC in Abia State was valid.
The appellate court further held that APC has the right to determine its mode of primaries and conduct its primaries by any chosen method as was done in Abia where the party used indirect mode to conduct its governorship primary.
The court also held that the name of Emenike should be published by INEC as the rightful and validly nominated gubernatorial candidate of APC in Abia State.
Emenike’s candidacy has attracted the most litigation from within and outside the party. At the last count, no fewer than 24 suits had been instituted, some of which were filed by proxies.
However, the Abia APC governorship candidate has so far won 23 cases both at the court of first instance and Appellate court.
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