Supreme Court thwarts Ararume’s bid for Imo North senatorial seat

The Supreme Court, on Friday, thwarted the ambition of Ifeanyi Ararume to represent Imo North senatorial district at the National Assembly.

The apex court, in a unanimous judgement, held that he was not the valid candidate of the All Progressives Congress (APC) in the bye-election of December 5, 2020.

Ararume had sought the order of the court to declare him the authentic candidate of the APC in the bye-election.

One Lady Uchenna Onyeiwu Ubah had sued shortly after the APC’s primary election, preparatory to the bye-election, at the Federal High Court, Owerri, the Imo State capital, praying the court to, among others, compel the APC to submit the name of Chukwuma Frank Ibezim to the Independent National Electoral Commission (INEC) as its candidate for the election.

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In a judgment, the Federal High Court rejected her prayers on the grounds that Ubah lacked the locus standi to have filed the suit.

The court proceeded to disqualify Ibezim as the party’s candidate and ordered INEC to accept Ararume as APC’s candidate for the bye election.

Both Ubah and Ibezim appealed the judgment at the Court of Appeal, Owerri.

While Ubah faulted the trial court for holding that she lacked the requisite locus standi, Ibezim argued that his right to fair hearing was breached by the Federal High Court, which ordered his disqualification in a suit in which he was not a party.

However, in its judgments in both appeals, the Court of Appeal, Owerri agreed that Ubah lacked the locus standi and also held that Ibezim”s right to fair hearing was breached.

It proceeded to set aside all the orders disqualifying Ibezim and another one directing INEC not to accept Ararume as the candidate of the APC.

Dissatisfied, Ararume appealed at the Supreme Court, praying the court to among others, set aside the decisions by the Court of Appeal and restore the earlier judgment by the Federal High Court.

Supreme Court agreed with Ibezim and dismissed both appeals by Ararume in the two unanimous judgments delivered on Friday.

The five-man panel of the court, headed by Justice Amina Augie, in both judgments affirmed the judgments of the Court of Appeal, Owerri division, which voided the proceedings and decisions in the suit filed by Ubah

The court said the judgments should be applied to the cross-appeal, marked: SC/1060/2020 filed Dr. Edith Chidinma Uwajimogu, in which she sought to have Ararume declared as the candidate of the APC.

Justice Tijani Abubakar, who prepared the lead judgments, said, after reviewing all the arguments by parties and the records, the court found that the appeals were without merit.

Justice Abubakar: “I hold the view that the lower court (Court of Appeal) was right in coming to the conclusion that the first respondent (Ibezim) was shut out and denied of his right to be heard as a necessary party in the suit at the trial court (Federal High Court).

“Therefore, the proceedings of the trial court constitute a nullity and must be struck out. Appellant’s appeal, therefore, lacked merit and it is hereby dismissed.

“The decision of the lower court, setting aside the judgment of the trial court is hereby affirmed. Parties are to bear their respective costs,” Justice Abubakar said.

Other members of the panel, Justices Augie, Uwani Abba-Aji, Samuel Oseji and Emmanuel Agim, all agreed with the lead judgment.