The Supreme Court sitting on Wednesday dismissed an appeal filed by the Dan Orbih faction of the Peoples Democratic Party in Edo State.
The five-member panel of the court held that the appeal filed by Omoregie Ogbeide-Ihama was incompetent being based on issues that did not emanate from the judgment of the appellate court.
The appellants prayed the court to reverse the judgment of the lower court.
They claimed that the judgment erred in law when it failed to declare them as the valid candidates of the PDP in the elections.
But the court held that the appeal was faulty.
“Any ground of appeal that does not challenge issues raised at the lower court is incompetent. I enter judgment in favor of the respondents.”
According to the judgment, to qualify for a review, an appeal must be based on issues contended at the lower court
Consequently, in the judgment delivered by Justice Centus Nweze, the court dismissed the appeal on the grounds of incompetence.
Prior, both parties had appealed the judgment of the trial courts entered against them separately.
The parties in their suits had asked the court to compel INEC, to publish their names as the duly elected candidates of the Edo State PDP for the 2023 general election.
Displeased, with the judgement of the lower court, the Orbih’s faction appealed the judgment up to the Supreme Court.
However, judgment was entered against him on Wednesday.
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