Elections: The Appeal Court rejects Ayade's complaint
Ben Ayade, the governor of Cross River State, prevailed in an appeal against him that Cecilia Adams, a candidate in the APC primary on May 28th, filed with the Court of Appeal Abuja Division.
The appellant had unsuccessfully challenged Governor Ayade's candidacy for senatorial election to the National Assembly before the Federal High Court in Abuja.
Despite receiving no votes in the primary, Cecilia declined to take part in the subsequent one held on July 14, 2022, for the Cross River North Senatorial District in preparation for the general election in 2023.
The Federal High Court's verdict was affirmed by a unanimous decision of the appellate court, which was led by Justice Stephen Adah. Mike Ozekhome, SAN had argued the appeal on behalf of Ayade.
The court dismissed the appeal that sought to overturn the trial court's decision and grant the reliefs requested in the summons' original complaint, which included a request that the Independent National Electoral Commission recognize, accept, and make public Adams' name as the APC candidate for the Cross River North Senatorial District.
The APC, Martin Orim, and INEC also joined as co-respondents with Ayade in the appeal contesting the APC primary (the 1st, 2nd and 4th Defendants respectively). The second defendant, Martin Orim, had previously won the May 28 senatorial primary but later announced his resignation to allow INEC to hold a new primary.
Ayade won the solitary contest and was declared the winner on July 14, 2022, all of which were conducted in strict accordance with the Electoral Act's requirements.
The appellant had petitioned the Federal High Court in Abuja through an originating summons that was submitted on July 26, 2022, asking for a number of things, including "an order of perpetual injunction restraining the 1st Defendant (INEC), their agents, servants, affiliates or privies from recognising and dealing with the 2nd and 3rd Defendants, or any other person, as the 2nd Defendants candidate for the Cross River North Senator
Cecilia Adams was not entitled to the reliefs requested before the Federal High Court in Abuja, according to the defense attorney representing Ayade, Ozekhome. The trial court agreed with him and dismissed all of Adams' claims because the first respondent (APC) organized a new primary in accordance with Section 33 of the Electoral Act of 2022, and the second respondent (Martin Orim) duly complied with Section 31 of the same Act in validating his withdrawal from the Cross River senatorial district 2023 general election.
Adams went to the appellate court in an attempt to have the trial court's ruling overturned because she was unhappy with the verdict.
The lower court's decision was confirmed by the appellate court, which dismissed the appeal in its entirety and concluded that it had no right to interfere with the lower court's decision because it accurately reflected the law and was therefore not perverse.
The court stated, "We stand with the lower court's determination that the appeal lacks merit and is now dismissed.
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