Respite came the way of Anambra Governor, Chief Willie Obiano on Wednesday as the Enugu Division of the Court of Appeal gave its judgement in favour of his faction of the All Progressives Grand Alliance, APGA.
Obiano’s faction led by Victor Oye has already conducted its primary for the Anambra guber election, with Obiano emerging winner.
However, until now, his fate was hanging in the balance following an order of an Enugu High Court, presided over by R.A Ozoemena, which had removed Oye as chairman and replaced him with Martin Agbaso.
The lower court’s order was sequel to a suit filed by a member of APGA in Enugu State, Mr. Mike Anioke.
This prompted Oye to head to the Appeal Court, where he contended through his counsel, Emeka Etiaba, (SAN).
Those joined in the appeal were Anioke, APGA, the Independent National Electoral Commission, INEC, the IG of Police and the Enugu State Commissioner of Police.
In a unanimous judgement, the three-man Appeal Court judges sacked Agbaso and restated Oye.
The judgement was read by Justice Abdul Aboki. Two other justices of the court, Bolaji Yusus and Shatta Bdylya totally concurred with him.
All the grounds of appeal were resolved in the appelant’s (Oye) favour.
The Court held that the judgement of the lower court was null and void as it affected Oye even when he was not a party to the suit.
“Where a party that is likely to be affected is not joined, the judgement is null and void; there is no doubt that the order of the court affected the appelant. There is a breach of 6 (1) of the Constitution of the Federal Republic of Nigeria, as amended.
“It is null and void and without legal battle. Appeal is hereby allowed, ruling of the lower court is hereby set aside.
“Parties are to bear their costs”, the Court held.