By Benard Akoma
It was all night celebration at Park View Hotel, zone one, Abuja as friends, colleagues and well wishers gathered to celebrate the victory at Appeal Court of Hon. Sunday Cyriacus Umeha, member representing Ezeagu/Udi federal Constituency, November 4, 2023
Hon Umeha's victory is being celebrated in a special way because people liken the victory to that of the biblical David over Goliath.
Dr Festus Uzor, a former chief of staff to government of Enugu who contested against Umeha is considered a giant and the most favourite compared to Umeha, a private practitioner.
The Court of Appeal sitting in Lagos state, Saturday, November, 4, 2023, however, never considered the credentials of the individuals but instead, the facts of the matter before it as it sets aside the judgment of the lower Petitions Tribunal sitting in Enugu which earlier nullified the victory of Barr. Sunday Umeha
The three man justices of the court of Appeal voided the decision of the trial tribunal on the ground that the lower court erred in law when it nullified Umeha election on the ground that Umeha didn’t resign his membership of his former political party, the people's Democratic Party PDP.
Just like earlier judgements before Umeha case, the Appeal court maintained that issues of nomination and sponsorship of candidates are entirely a pre-election matter.
Before Umeha judgement on Saturday, same Appeal Court on Friday had reinstated the candidate of the Labour Party, Prof Paul Nnamchi as the duly elected House of Representatives member for Enugu East/Isi-Uzo Federal Constituency.
In the same vein, the court overturned the ruling of the lower Tribunal which had earlier nullified Nnamchi’s election on the grounds that he did not properly resign from the University of Nigeria Nsukka where he worked as a lecturer.
It will be recall that same Justice A.M. Abubakar led tribunal, sitting at Enugu, had declared Festus Uzor of the Peoples Democratic Party (PDP) as the winner of the 25 February poll.
But Umeha and his party, the Labour party, challenged the judgment at the Court of Appeal.
Umeha asked the Appeal court to void the judgment of the lower court claiming that the petition of his opponent lacks merit.
And in a unanimous judgment on Saturday, the Appeal Court maintained that Umeha presented sufficient evidences to prove that he duely resigned his membership of his former party, the PDP before seeking election on the ticket of the Labour Party.
It said the petition of Festus Uzor at the trial level lacks merit and ought to have been thrown away.
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