By Tony Edike
ENUGUâ€”THE Court ofÂ Â Appeal, sitting in Enugu State, yesterday, upheld the election of Mr Chukwuma Umeoji of Labour Party, LP, as the representative of Aguata Federal constituency in the House of Representatives.
In a unanimous judgment delivered in Enugu, the appellate court struck out the appeal by Chike Anyaonu of the Peoples Democratic Party, PDP, challenging the judgment of the lower tribunal, which declared UmeojiÂ winner of the April 2007 election for Aguata Federal constituency.
Anyaonu had appealedÂ the decision of the lower tribunal on the grounds that Umeoji ran on the platform of two political parties (LP and PDP) and that his nomination form was defective.
However, Umeoji, challenged the appeal, contending that it was not properly filed since the three issuesÂ raised did not relate to any of the grounds of his appeal.
Justice J.Â Sankey, who delivered the lead judgment written by Justice Aminu Sanusi, said that court agreed with the respondent that the appeal was not properly filed and was, therefore, incompetent.
Sankey said that court also unanimously held that the appellant failed to prove that Umeoji did not resign from PDP before vying for election on the platform of the Labour Party.