Abia State Governor, Dr. Okezie Ikpeazu, has approached the Court of Appeal sitting in Owerri to dismiss the originating summons earlier filed by Sir Friday Nwosu for incompetence which also ousted the court’s jurisdiction to entertain the action.
Nwosu, who contested the December 8, 2014 PDP primary, had filed a suit at the Federal High Court, Owerri, where he accused the governor of forging his tax documents and submitting false information to his party and INEC.
Delivering judgment on the matter, Justice Ambrose Allagoa, had, on July 8, 2016, ruled that Ikpeazu was not the maker of the documents and confirmed his election as governor of Abia State.
Also, the judge added that the court had jurisdiction to hear the matter while Nwosu was right to have commenced the suit through the originating summons.
However, Ikpeazu has appealed where he stated that the originating summons was incompetent and the court lacked jurisdiction to entertain the action.
The grounds of his appeal were that the trial judge erred in law in assuming jurisdiction and hearing the originating summons of the plaintiff when the court held that the action was properly commenced by originating summons, inter alia.
The judge also said that Uche Ogah, of the Peoples Democratic Party (PDP) lost his right to benefit from the primary having petitioned his party that only non-delegates from neighbouring states voted in the primary election while authentic party delegates were locked out.