Hottestgistnaija.com
Osagie Otabor, Benin
The Court of Appeal sitting in Benin City has sacked Comrade Peter Akpatason as the All Progressives Congress candidate for Akoko-Edo Federal Constituency.
It declared the Speaker, Edo State House of Assembly, Hon Kabiru Adjoto as the candidate of the party for Akoko-Edo federal constituency.
The appellate court also nullified the APC National Assembly Primaries election appeals committee headed by former governor of Edo State, Professor Oserheimen Osunbor.
Delivering judgment on the appeal filed by Speaker Adjoto, Justice Moore Abraham-Adumein said that the trial court ought to have heard the case brought before it since it is its duty to do so.
Justice Moore held the Prof. Osunbor led committee was not properly constituted because the committee contravenes Article 21 B of the APC guidelines party of which says “no member of the five member appeals committee shall be from the state of assignment”.
Moore noted referring the case back to the trial court would have been statute bared but that haven considered the evidences before the lower court which it did not consider, Adjoto won the primary election as the returning officer during the election Hon Sufiyanu Igbafe declared that Adjoto scored 7,034 votes as against his opponent, Honourable Peter Akpatason who scored 5,606 votes.
According to him: “The trial court for reasons best known to it failed or neglected to make any pronouncement on the real issue before it
“This appeal is hereby unanimously allowed and the prayers sought by the appellant in the trial court are hereby granted and the sum of N300, 000 is hereby awarded as cost against the 1st and 2nd respondents”.
He said his two colleagues, Justice Chioma Nwosu-Iheme, who is the presiding Justice and Justice Tunde Efotoye agreed with the judgment.
Lawyer to Akpatason, Omoh-Ige Adebayo said they would contest the judgment at the Supreme Court while an elated Adjoto said: “The judiciary is not only the last hope of the common man but also of the big man” and promised to give more representation to his people more than he has given in the state House of Assembly.
