Ike Nnachi, Abakaliki
The Court of Appeal Enugu Division, on Thursday affirmed the judgment of Justice R O Riman of the Federal High court Abakaliki, nullifying the conduct of Local Government election in Ebonyi State.
Justice Joseph Ekanem who read the lead judgment of the Appeal court, gave the ruling while dismissing the three appeals filed by Ebonyi State Government, Central bank and Local Government Chairmen, challenging the ruling of the Federal High Court.
The Appeal Court ruled that the earlier judgment of Justice R O Riman then of Federal High Court Abakaliki remains valid and subsisting.
According to the Appeal court, “the judgment in FHC/AI/CS/224/2022, which the Appellants challenged on appeal, was meant to enforce compliance with the earlier judgment in FHC/AI/CS/151/2022 contrary to the argument of the appellants.
The court ruled that the appeals were dismissed for proliferation of issues for determination by the appellants which resulted in an incompetent brief of argument.
The suit with Appeal number NO.CA/E/381/2022: Hon Nwogba Ebere Oboh & 12 others versus Otu Collins Eleri and 12 others.
On the second appeal with suit number NO.CA/E/176/2023: CBN V. Otu Collins Eleri and 22 others, the Appeal partly succeeded as the Court held that nothing shall stop the release of Local Government funds from the Federation account however such monies must not be spent by the appellants who were not validly elected.
The 3rd Appeal NO.CA/E/266/2023:titled the Governor of Ebonyi State & Two others versus Otu Collins Eleri and 22 others, the appeal was dismissed for lacking in merit as the judgment in Suit No. FHC/AI/CS/151/2022, which nullified the purported Chairmen and Councillorship elections conducted on 30/07/2022 in Ebonyi State was still valid and subsisting.
