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Supreme Court of Nigeria


Ughelli/Udu Fed. Constituency: Supreme Court Dismisses Akpovoka’s Suit Against Wavie

…Judgement has renewed my faith in our country – Waive

The Supreme Court has dismissed an appeal filed by the embattled All Progressive Congress, APC House of Representative aspirant Mr Julius Efeni Akpovoka challenging the candidature of Hon. (Rev.) Francis Ejiroghene Waive describing it as an abuse of court process.

Akpovoka one of the aspirants who lost to Hon. Waive, House of Representative member, representing Ughelli North, Ughelli south and Udu federal constituency, allegedly forged documents stating that Waive withdrew from the race, hence his is the candidate.

However, when the party’s leadership discovered the fraud been paraded by Mr Akpovoka they ignored him.

Not satisfied, Akpovoka approached three federal High courts and two states High Courts with similar reliefs which many were dismissed, while others struck out for lacks of merit.

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He later approached the Supreme Court in suit No: Sc/957/2019, challenged the judgment of Court of Appeal Benin Division which had earlier dismissed his suit, holding that it was statute barred and abuse of court process.

However, the learned Justices of Supreme Court in a landmark judgment affirmed the judgment of the Court of Appeal Benin declaring the suit as statute barred, thereby dismissing the case.

Arriving at its judgement, the Supreme Court drew the attention of Akpovoka’s lawyer to the erudite and sound judgment of the Court of Appeal, that the case was statute barred.

The Supreme court counted the 14 days of the action and concluded that the Court of Appeal was too generous to count it in the manner they did.

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It further held that “the case was an abuse of court processes having filed multiple cases on the same subject matter.”

It also affirmed that the alleged “letter of withdrawal been paraded by Akpovoka was completely false.”

Meanwhile when Akpovoka’s lawyer was asked to see page 178 of the record of the Court of Appeal, he told court that he lost his bag with the Record in it.

The court went on to admonish him saying that all his scheming has eventually caught up with him.

The court gave him no option than to withdraw the motion to abridge time as well as withdraw the substantive appeal.

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The appeal was consequently dismissed.

Reacting to the judgment, Hon. Francis Wavie applauded the courage of the Supreme Court justices, adding that the judgment has rekindled his faith in Nigeria.

According to him, “this judgement renews my faith in our country. What was happening was gross abuse of the judicial process and I wondered who will call a spade by it’s name.

“Our Supreme Court Justices are bold, courageous and fair. I salute them all.

“Permit me to also inform everyone that the 2019 elections are over. Let’s concentrate on bringing good governance and the dividends of Democracy to our people.

“I again commit myself making the difference for the betterment of my constituents.” He added.

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