Appeal Court:(REV) WAIVE FLOORS AKPOVOKA
By Ode Williams/Austin Oyibode
Hon Julius Efeni Akpovoka has lost his appeal against the judgement of the Federal High Court Asaba which dismissed his suit against Rt Hon (Rev) Francis Ejiroghene Waive, member representing Ughelli North Ughelli South Udu Constituency in the Federal House of Representatives.
In a unanimous judgement delivered Thursday 25th July 2019, their Lordships; H.M. Ogunwumiyi (presiding justice), P.M. Ekpe and T.O. Awotoye in suit number CA/B/EPT/391/2019 held that Julius Efeni Akpovoka is not the candidate of the All Progressive Congress for Ughelli North, Ughelli South Udu federal constituency.
In the appeal filed at the Court of Appeal Benin City, Hon Akpovoka had averred that the trial judge, Justice (Dr) Nnamdi O. Dimgba erred in law where he ruled that Akpovoka’s suit number FHC/ASB/CS/30/2019 was an abuse of court process and statute barred.
Hon Akpovoka had alleged in his suit that Rt Hon (Rev) Francis Ejiroghene Waive gifted him the candidacy after winning the APC primary election held 5th October 2018.
He presented documents to this effect which Rev Waive and the All Progressive Congress to be forged.
The court of Appeal upheld the decision of the trial court in holding that the suit was statute barred and constitutes an abuse of court process.
The Court of Appeal went on to look into the merit, if any, of the case and reached a decision that the suit had no merit ab initio.
As at press time it was not clear if Hon Akpovoka was also going to appeal against the judgement to the Supreme court.
Meanwhile, Rt Hon. Francis Ejiroghene waive commended the judiciary and dedicated the victory to God Almighty.
In a video Waive posted, he was seen sinfing and praising God.