Imo North Bye-Election: Supreme Court Quashes Ibezim’s Disqualification

The Supreme Court of Nigeria has set aside the concurrent findings of the Appeal Court and Federal High Court, Abuja, which had disqualified Chukwuma Francis Ibezim as a contestant in the December 5 Imo North bye-election won by his party – the All Progressive Congress (APC).

THE WHISTLER reported that the Appeal Court sitting in Abuja had on February 16 affirmed the December 4 verdict of the trial Judge, Justice Inyang Ekwo of the Federal High Court, which disqualified Ibezim as the APC candidate over false statements contained in the educational documents he tendered before the party and INEC.

The suit was instituted against Ibezim by one Asomugha Elebeke, while APC, Independent National Electoral Commission (INEC) and Senator Ifeanyi Ararume were the respondents.

But Justice Emmanuel Agim of the apex court, while delivering a unanimous judgment of the panel on Friday, held that the suit and verdicts of the two courts cannot stand because it was statute barred (out of time).

Ararume’s lawyer, Tunde Falola, told our correspondent on Saturday that the apex court only addressed the verdict of Justice Ekwo which dealt with Ibezim’s disqualification, and not on the judgement of Justice Taiwo Taiwo which dealt with candidature and had ordered INEC to declare his client winner.

“The Supreme court only set aside the decision of the Court of Appeal that disqualified Ibezim on the basis that the suit was filed out of time and that originating summons is not the mode of filing that process. He never affirmed Ibezim..they did not say anything about candidature, they only said that the Appeal court and trial court(Justice Ekwo) were wrong to have affirmed his disqualification.

“The decision of Justice Taiwo Taiwo still stands until it is set aside by appellate court,” he said.

THE WHISTLER had reported that Justice Taiwo on March 18 declared Ararume as the valid APC candidate and ordered INEC to issue him certificate of return.