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The Supreme Court has reaffirmed Austin Asema Achado as All Progressives Congress (APC) candidate for Gwer-East/Gwer-West Federal Constituency of Benue State in this weekend’s Presidential and National Assembly elections.
A five-man panel, in a unanimous judgment delivered by Justice Emmanuel Akomaye Agim, dismissed an appeal filed by David Nongo against ruling of the Court of Appeal, which upheld the decision of the Federal High Court, Abuja, delivered by Justice Obiora Atuegwu Egwuatu on October 31, 2022.
The appellant, in the suit marked SC/CV/74/2023, had asked the apex court to overrule the lower courts over Achado’s candidacy.
Nongo had argued that the two lower courts allegedly carried out miscarriage of justice against him in their findings and judgments.
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He maintained that they erred in laws in the way and manner they interpreted electoral issues raised against the primary that produced his opponent as APC flag-bearer.
However, the Supreme Court disagreed with the appellant on the ground of his appeal, having found no trace of injustice in the decisions of the Federal High Court and the Court of Appeal, both in Abuja.
In its judgment, the apex court dismissed the appeal for lack of merit and awarded N5 million against the appellant to be paid to the respondents as cost of litigation.
The respondents to benefit from the judgment cost are Achado, Independent National Electoral Commission (INEC) and APC.
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