By Tobi Soniyi in Abuja
The Supreme Court has given the governorship candidate of the All Progressive Alliance (APGA) in the 2015 election in Abia State, Dr. Alex Otti, the go ahead to appeal against judgments contesting the validity of Governor Okeize Ikpeazu’s election.
In granting his application to appeal, the Supreme Court unanimously held that his (Otti) right to fair hearing as provided under section 36 of the 1999 constitution was inviolable and as such could not be denied on the grounds of technicalities.
Otti and his party had asked the apex court to set aside the refusal of the Abuja division of the Court of Appeal to hear their application to appeal against the earlier judgments of a Federal High Court in Abuja, delivered by Justice Okon Abang on June 27, 2016, which sacked Ikpeazu.
In the said judgment, Justice Okon Abang ordered Ikpeazu to vacate office for allegedly making false declaration about his tax documents attached to Form CF001 which he submitted to the Independent National Electoral Commission nominating him as the PDP governorship candidate in the 2015 election.
Although Otti filed an application to appeal the judgment of Justice Abang, the Court of Appeal in its ruling delivered last year, held that Otti could not file an appeal against the judgments of the Federal High Court on the grounds that he was not a party in the originating suits and that the matter was an intra-party affair of the Peoples Democratic Party.
Not satisfied, he filed an appeal at the Supreme Court seeking its leave to join the appeal at the Supreme Court.
The Supreme Court, in its ruling delivered yesterday, granted his application and gave him leave to commence his appeal against the judgments of the Court of Appeal.
Justice Clara Ogunbiyi who delivered the lead judgment of the Supreme Court held that Otti had the constitutional right to appeal against the decision of the Court of Appeal.
Justice Ogunbiyi further held that the applications by Otti and his political platform (APGA), bordered squarely on their right to be heard on a case that affected their interest.
Besides, Justice Ogunbiyi re-iterated the position of the apex court that courts were to do substantial Justice and avoid technicalities.
The court disagreed with Dr. Samson Ogah that the activation of the provisions of Section 22 of the Supreme Court Act would be nothing other than an academic exercise, given the nature of the application and the justice it sought to serve.
Justice Ogunbiyi further held that given the merit of the application, it would defeat the cause of justice to fetter the right of access to the court by way of declining to grant an application of this nature.
“The principle had long been laid down that the path to tread should be that of justice as against technicality. Such application should not be opposed for the sake of either doing so or because the opponent feels threatened. The overriding consideration must always be justice and fairness.”
The Court of Appeal had in its judgments nullified the two judgments of the Federal High Court in Abuja, which on June 27, 2016 removed Ikpeazu as Governor of Abia State.
Among other orders made by Justice Abang but voided by the Court of Appeal was the one directing the Chief Judge of Abia State to swear in Ogah as Governor of Abia State.
