By Ene Asuquo
An Appeal Court sitting in calabar, Calabar judicial division has struck out and appeal brought before the court by Peoples Democratic party PDP and Sandy Ojang Onor against All Progressives Congress APC as 1st respondent, prince Bassey Otu and Hon. Peter Odey as 2nd and 3rd respondent for lack of merits and a cost of five hundred thousand Naira also awarded against them
It would be recalled that the appellant, PDP and Sandy Onor had filled and appeal in suit no. CA/c/392/2022 to challenge the judgement of a Federal High Court over the same matter which was also thrown out for lack of merits
They are challenging the Nationality status of Hon Odey, his eligibility to run for the position of a Deputy Governorship candidate for APC because he did not officially resigned from PDP and then that he swore an oath of allegiance to the King of united Kingdom
In a unanimous judgement by the three justices, RC Agbo, O.F Omoleye, and B.B Aliyu. Justice O.F Omoleye who read the judgement onbehalf of other justices submitted that on the issue of membership of a political party, the appellant has no business in the affairs of another political party and upheld the decision of the of the trial court, maintaining that the issue of political party membership was not justice able therefore, the court lacked the jurisdiction to determine it.
When commenting on the judgement, council to the Appellant, First Baba Isa said he would wait until he gets a copy of the judgement and then would advise his client accordingly, adding that the appeal court is not the final court in this matter.
“This is not the final court in this matter, the supreme court is the final court and it’s only the client that has the final say, wether to stop here or to go to the supreme court he added”.
But council to the respondents Benson Egbano who stood in for the lead council Chief Mike Ozechome SAN commended the justices for what he described as a sound judgement.
“The judgement was a very sound one in many aspect because it was a unanimous decision and all the matters were resolved in favour of APC and the Governorship candidate, prince Bassey Edet Otu and Deputy Governorship candidate Hon peter Odey, it is worthy to note that the court made a very sound pronouncement on cost of 500,000 Naira against PDP and Sandy Onor”He concluded .