Imo senatorial seat: Court of Appeal declares Izunaso PDP candidate

The Court of Appeal, Abuja Division, on Tuesday, declared Senator Osita Izunaso the candidate of the Peoples Democratic Party (PDP) for Imo West Senatorial District forSaturdays National Assembly election.The court consequently dismissed the appeal brought by Hope Uzodinma challenging the decision of the lower court, which had earlier upheld Izunasos victory at the primaries.The appellate court also upheld the decision of a Federal High Court sitting in Abuja, which had earlier declaredIzunaso the PDP candidate.The court, in a unanimous decision, dismissed the appeal brought by Chief Hope Uzodinma challenging the judgment of the lower court on the grounds that he was not cleared by the party to contest the PDP primaries.In the lead decision read by Justice Jimi Olukayode Bada, he held that, It is pertinent to note that neither the appellant nor the second respondent challenged the assertion in the first respondents counter affidavit filed against the notice of preliminary objection that the letter dated January 5, 2011 and referred to in the first defendants counter affidavit was not signed nor minuted by the then national chairman of PDP, Dr Okwesilieze Nwodo.My conclusion on this issue is that the trial judge properly evaluated the evidence, he did not deny the appellant (Uzodinma) his right to fair hearing in that it was the evidence submitted by the appellant and second respondentPDP that the trial judge relied upon in arriving at the conclusion that the appellant was not cleared to contest the said primaries and he stands disqualified.
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