…as the apex Court voids APC’s Primaries for the Yala 1 constituency in the forthcoming Cross River State House of Assembly election.
In a landmark (pre-election matter) decision, the Supreme Court on 27th February 2023 in SC. No: SC/CV/94/2023, quashed the earlier judgments of the Calabar Judicial Divisions of both the Federal High Court and the Court of Appeal declaring Regina Anyogo as the APC’s candidate for the Yala 1 constituency, in the forthcoming Cross River State House of Assembly election.
The Apex Court in its judgement agreed with the contentions of Mr. Osaro Eghobamien, SAN, leading a team of lawyers, including, Isa Baba, Pius Owhoavwodua, Bright Odia, and Michael Onyishi in the appeal filed by Victoria Odey challenging the concurring judgments of the Calabar Judicial Divisions of both the Federal High Court and the Court of Appeal affirming Regina Anyogo as the APC’s candidate for the Yala 1 constituency.
In the main, the Supreme Court agreed with the arguments of the learned senior counsel that the primaries of the APC that produced Anyogo was a nullity having regard to the fact that the primary elections for the Yala 1 constituency in Cross River State, held in Ogoja, which is a place outside the Yala 1 constituency, contrary to section 84(5)(c)(i) of the Electoral Act, 2022. In refusing the prayer of the learned senior counsel that the appellant should be declared the only qualified candidate of the party for the said election, the Supreme Court consequently held that the All-Progressives Congress has no candidate in the forthcoming Cross River State House of Assembly election for the Yala 1 constituency.
Having allowed the appeal (howbeit in part), the learned Justices of the Apex Court dismissed the cross appeal filed on behalf of Regina Anyogo and the APC.