Delta: Hon. Francis Ejiroghene Waive Wins Appeal as Judges Dismiss Akpovoka’s Suit
Honorable (Rev) Francis Ejiroghene Waive, a House of Representatives member representing Ughelli North/Ughelli South/Udu Federal Constituency has won an appeal filed by Hon Julius Efeni Akpovoka against the judgement of the Federal High Court, Asaba which had dismissed his suit against Hon Waive over the Federal House of Representatives election.
In a unanimous Judgement delivered on Thursday, 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 his 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 when 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 on 5th October, 2018, presenting documents to effect that Rev Waive and the All Progressive Congress 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.
Meanwhile, Rt Hon. Francis Ejiroghene Waive commended the Judiciary and dedicated the victory to God Almighty.
