The Court of Appeal, Abuja Division, has dismissed an appeal filed by Mr Edozie Njoku and Chinedu Okoro challenging the judgment of its Kano Division on Aug. 10.
The Kano Division’s judgment had affirmed Mr Victor Oye as the National Chairman of the All Progressives Grand Alliance, which the Abuja Division said subsisted. Ruling on the appeal marked CA/AW/256/ 2021, filed against Mr Sylvester Ezeokenwa and five others, the appellate court held that the appeal constituted an abuse of judicial process.
In a unanimous decision read by Justice Jummai Sankey, the court held that considering the principle of “starre decisis”, it was bound by the judgment of its Kano Division. The three man-panel led by the President of the Court, Justice Monica Dongban-Mensem, said it lacked the jurisdiction to entertain the suit because doing so would amount to the court sitting on appeal over its own judgment.