Cross River State Governor Ben Ayade won an appeal before the Court of Appeal, Abuja Division (appeal no. CA/ABJ/CV/1394/2022) filed by Cecilia Adams, a participant in the May 28 All Progressives Congress (APC) primary. Adams had previously lost at the Federal High Court, Abuja, where she challenged Ayade’s candidacy for the National Assembly senatorial seat. Although she scored zero votes in the primary, Adams refused to take part in the fresh primary held on July 14, 2022, for the Cross River North Senatorial District ahead of the 2023 General Election.
The appellate court, in a unanimous decision led by Justice Stephen Adah and with Ayade represented by SAN Mike Ozekhome, upheld the earlier ruling of Justice N.E. Maha of the Federal High Court. The court dismissed Adams’ appeal, which sought to set aside the trial‑court judgment and to order the Independent National Electoral Commission (INEC) to recognise and publish her name as the APC candidate for the Cross River North Senatorial District. The co‑respondents with Ayade were the APC, Martin Orim, and INEC (the 1st, 2nd and 4th defendants, respectively). Martin Orim had initially won the May 28, 2022 senatorial primary but later resigned to allow a fresh primary to be conducted by INEC. In that fresh primary, Ayade emerged as the sole contestant and winner on July 14, 2022, in strict compliance with the Electoral Act.
Through an originating summons filed on July 26, 2022, Adams approached the Federal High Court, Abuja, seeking, among other reliefs, a perpetual injunction restraining INEC and its agents from recognising any other candidate for the Cross River North Senatorial District in the forthcoming National Assembly elections scheduled for 25 February 2023 (or any other date that may be fixed). Ozekhome, counsel for Ayade, argued that Adams was not entitled to the reliefs sought. The trial court agreed, dismissing Adams’ claims in their entirety because Martin Orim had complied with Section 31 of the Electoral Act, 2022, in validating his withdrawal, and the APC had complied with Section 33 of the same Act in organising the fresh primary.
Dissatisfied with the trial‑court judgment, Adams appealed. The Court of Appeal dismissed the appeal in full, affirming the lower court’s decision and stating that the trial court’s judgment was not perverse and accurately reflected the law. “We stand by the decision of the lower court to hold that the appeal lacks merit and is accordingly dismissed,” the appellate court concluded.
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