An Abia State High Court sitting in Umuahia yesterday cleared Chief Ikechi Emenike, a factional governorship candidate of the All Progressives Congress (APC), of any encumbrance to contest the 2023 poll following the lifting of the order which upheld his purported suspension from his party.
The court presided over by Justice O.A Chijioke granted Chief Emenike a stay of execution of the restraining order earlier imposed by the same court after his emergence as the APC standard bearer at the primary poll conducted on May 26, 2022.
The restraining order which was made in suit No HU/6/2022 filed by two aggrieved Abia APC members, Chinedum Nnoke and two others against Chief Emenike and two others, seeking to disqualify them from holding any elective office.
Emenike was apparently taken aback by the restraining order by the Umuahia High Court since a court of competent and concurrent jurisdiction had already delivered judgment on the same matter on November 4, 2021.
The impending legal battle at the Court of Appeal Owerri Division would still go ahead for determine if the restraining judgment will stand or be quashed.
Emenike, Ejike Olekanma and Ikenna Emmanuel Anyalewechi had gone to court asking for the nullification of the purported “suspension” announced at a “kangaroo meeting of the aggrieved” held at Ikwuano in August last year.
Joined as defendants in the suit were APC, then Caretaker Chairman, Mai Mala Buni (for himself and member of the Caretaker Extraordinary Convention Planning Committee), and Wilson Chimelulam Utaegbulam.
In its judgment delivered on November 4, 2021 in the Suit No: HUM/41/2021, the Court presided over by Justice Benson Anya held that Chief Emenike, who then was the Secretary of APC Contact and Strategy Committee, “is an authentic and bona-fide member of APC”.
The court held that the defendants had admitted that the claimants are authentic members of APC having failed to file a counter affidavit to challenge the deposition contained in the 22 paragraph affidavit and four exhibits filed by the claimants.
