Tony Okafor,Awka
The Court of Appeal sitting in Awka on Thursday granted Senator Victor Umeh, candidate of the Labour Party(LP) for Anambra Central in the February 25 polls to serve his notice of Appeal on Senator Uche Ekwunife of Peoples Democratic Party (PDP) through substituted means.
Counsel for the Appellant( Umeh), Alex Ejesieme (SAN) in a motion experte, with Appeal No. CA/AW/24/2023 told the Court that the bailiff had made several efforts to serve Ekwunife directly without success.
Ejesieme who backed the motion with a 13-paragraph affidavit as support for his argument as well as bailiff affidavit of attempted service, alluded that Ekwunife was evading service.
Justice Hannatu Sankey, Presiding Judge of the court , after listening to Umeh’s counsel,granted that the notice of appeal be posted at the entrance gate of Ekwunife’s Campaign Office situated at the Uche Ekwunife Event Centre, Enugu-Onitsha Expressway, Awka, Anambra State.
Ekwunife, the senatorial candidate of the PDP for Anambra Central Senatorial District, had dragged Umeh to court over the primaries of the Labour Party (LP) that produced umeh wherein a Federal High Court 1, Awka presided over by Justice H. A. Nganjiwa disqualified Umeh on the grounds of non-compliance with the provisions of the Electoral Act.
Not satisfied with the decision of the court below, Umeh appealed the matter contending that by settled precents and trite laws, the trial judged erred by assuming jurisdiction in a case where the plaintiff lacked locus standi.
Umeh also submitted to the appellate court that the matter upon which the trial court gave judgement was statute barred by the time the plaintiffs filed the matter.
Speaking on Thursday after obtaining the leave of the court to serve Ekwunife by substituted means, Umeh’s lawyer, Ejesieme described the trial court judgement as rather unfortunate in the light of the numerous decisions of Court of Appeal and the Supreme Court on the subject matter.
