The Court of Appeal, Abuja Division, on Wednesday dismissed an appeal in which the governorship candidate of the Congress for Progressive Change, James Ocholi, SAN, challenged the election of Kogi State Governor, Idris Wada.
The court also dismissed a similar appeal filed by the All Nigerian Peoples Party.
In the judgment delivered by Justice I.T. George-Mbama, the appellate court held that the issues raised in the two appeals were electoral matters that should have been taken to the electoral tribunal for adjudication.
Justice George-Mbama held that the High Court was right in dismissing the suit, and as a result, upheld the decision of the trial court.
He also chastised the two appellants for filing two separate appeals even though they jointly filed the case as plaintiffs before the High Court.
He said, “The second appeal is similar to the one earlier decided, the parties are the same. At the lower court, they were together; they have similar interest. They still have the same interest even in the appeal.
“It is therefore surprising to see them file different appeals. This is an unwholesome practice as it had overburdened the court. The mere fact that a federal agency is a party does not make it a case for a Federal High Court. It is the issue in dispute and the law that determine jurisdiction.”
