By Ikechukwu Nnochiri

ABUJA – The Supreme Court, on Friday, struck out an appeal by Senator Uche Ekwunife, challenging nullification of her election for the Anambra Central Senatorial District.

In an unanimous judgment, a five-man panel of Justices of the apex court led by Justice Tanko Mohammed, gave the Independent National Electoral Commission, INEC, the nod to conduct a re-run election for the Senatorial district

The apex court upheld preliminary objections that were raised against Ekwunife’s appeal by the All Progressive Grand Alliance, APGA, and its Senatorial candidate for the election, Chief Victor Umeh.

It will be recalled that the Anambra State Election Petition Tribunal and the Court of Appeal sitting in Awka had in their concurrent judgments, nullified the election that produced Ekwunife as Senator for the district, in 2015.

Both the tribunal and the appellate court directed INEC to conduct fresh re-run election in the district.

Dissatisfied with the verdicts, Ekwunife who was formerly a member of APGA before she defected to the Peoples Democratic Party, PDP, took the case to the Supreme Court for redress.

However, in its judgment on Friday, the apex court held that it had no jurisdiction to entertain matters emanating from the conduct of National Assembly elections.

Justice Amina Augie who read the lead verdict faulted Ekwunife who she said ought not have filed the appeal before the apex court considering that such dispute ought to have terminated at the appellate court level in line with the provision of section 246 of the 1999 constitution.

The apex court panel berated the appellate over the appeal it said was brought “in flagrant disobedience to the law”.

“This appeal deserves to be dismissed and it is hereby struck out”, Justice Augie held.

Ekwunife had through her lawyer, Dr. Alex Izinyon, SAN, prayed the apex court to set aside decisions of the lower court and reinstate her back to the Senate.

Iziyon contended that the lower courts delved into the issue of nomination and sponsorship of candidate by a political party, a subject matter he said was not within their jurisdiction.

His position was vehemently challenged by counsel to Umeh and APGA, Chief Patrick Ikweato, SAN, who urged the court to dismiss the appeal for constituting an abuse of court process.

Ikweato argued that section 246 (3) of the Constitution of Federal Republic of Nigeria 1999 (as amended) made the Court of Appeal the final court on matters relating to National Assembly elections.

He told the apex court that Ekunife was no longer a member of the PDP having decamped to the All Progressives Congress, APC, where she contested the party primary and lost.

He further told the court that PDP had obtained judgment of a Federal High Court indicating that Ekwunife was no longer its member.

Ikweato maintained that the court of appeal decision which upheld the tribunal judgment was based on the fact that Ekunife was not qualified to participate in the election.

Umeh and APGA had challenged Ekwunife’s victory at the lower courts.