In a judgment on Wednesday, a five-member panel of the apex court, headed by Justice Amina Augie, unanimously upheld the appeal filed by Ifeanyi.
The court set aside the July 19 judgment of the Court of Appeal, which ordered a retrial of the suit between Ifeanyi and Senator Joseph Obinna Ogba on the dispute over who was the actual candidate.
The apex court restored the judgment of the Federal High Court delivered on June 7, 2022, which the Court of Appeal had set aside in its July 19 judgment.
The court held that the Court of Appeal was without jurisdiction to have heard the appeal filed by Ogba, because the notice of appeal filed by Ogba on June 17, 2022 was incompetent because he failed to first obtain the leave of court to appeal as an interested party.
In a judgement read by Justice Lawal Garba, the five- man panel headed by Justice Amina Augie noted that senator Ogba did not have the right of Appeal because he was not part of the suit when the matter came up at the trial court in Abakaliki, where Ogba’s candidature was upturned.