*Deprecates The Conduct Of The Trial Judge Who Refused To Follow Supreme Court Authorities On The Issue
*Awards N200k Cost Against Onyekachi Nwebonyi
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The Court of Appeal Enugu Division, delivered judgment, today, 17th of February 2022, in the appeal filed by the Peoples Democratic Party against the judgements of the Federal High Court, Abakiliki in Appeal No: CA/E/3/2021 between PDP & 2Ors V Chief Barr Onyekachi Nwebonyi & Ors and Appeal No:CA/E/50/2021 between PDP Ors V Barr Nnachi Uwa Okoro & INEC, in respect of the dissolution of the Onyekachi Nwebonyi led state executive committee by the Peoples Democratic Party.
The Lead Judgement was delivered by Justice J.O.K. Oyewole of the Court of Appeal, Enugu Division. The Court in its judgment, set aside both judgments of the Federal High Court and High Court Abakiliki wherein decisions were given in favour of the Onyekachi Nwebonyi led executive committee in Ebonyi State.
The Court of Appeal agreed with the Appellant lawyers K.C.O. Njemanze SAN and Nkemakolam Okoro Esq, that the dissolution of the then State Executive Committee, led by Onyekachi Nwebonyi was an internal affair of the party for which the trial Court had no jurisdiction to entertain. The Court of Appeal deprecated the conducts of the trial judge, who discountenanced a plethora of Supreme Court authorities on the issue, and relied on an unreported authority cited by the Respondents, which the certified true copy thereof was not even made available to the trial court. The Court of Appeal awarded a cost of 200,000.00 against Chief Barr Onyekachi Nwebonyi & Ors in Appeal No CA/E/03/2021.
While setting aside the judgment of the trial Federal High Court in Appeal No:CA/E/50/2021, the court did not award any cost against Barr Nnachi Uwa Okoro. The Court also agreed with the submission of Ken Njemanze SAN and Nkemakolam Okoro Esq, that the dissolution of the Ebonyi State Executive Committe of the Party was an internal affairs of the party for which the trial Federal High Court had no jurisdiction to entertain. The court also agreed that the Federal High Court had no jurisdiction to entertain the matter since the case was not against the executive or administrative conducts of INEC sued as the 2nd Defendant in the matter.
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