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The Supreme Court today, Friday, February 5, 2021 dismissed the appeal instituted by Senator Ifeanyi Ararume challenging the judgement of the Appeal Court sitting in Owerri which reinstated Sir Frank Ibezim as the APC Candidate for Imo North Senatorial Bye-Election.
The Court of Appeal had on December 4, 2020 dismissed the judgement of the lower Federal High Court Owerri which had made consequential orders mandating INEC to replace Ibezim with Ararume as APC Candidate. In a unanimous ruling, the Supreme Court panel agreed with the Court of Appeal judgement that the lower court ought not to have made the consequential orders against Sir Ibezim. The lead and concurrent judgements read by Hon. Justice Mohammed Lawal Garba and Hon. Justice Emmanuel Akomaye Agim concluded that Ibezim being not a party or privy to the matter at High Court, his fundamental rights to fair hearing were abridged. The apex court stated that the lower court also erred in judgement not to have dismissed the case filed by one Lady Uchenna Ubah as lacking in merit.
The Supreme Court five members presided over by Justice Amina Adamu Augie also had Hon. Justices Uwani Musa Abba Aji and Samuel Chukwudumebi. By the judgement, the Court has effectively reaffirmed Sir Frank Ibezim as the rightful candidate of the APC in the December 5th 2020 senatorial bye-election.