The Court of Appeal sitting in lagos on Wednesday granted an Order which replaces Ben Ayade of the PDP With Emmanuel Ibeshi as candidate of the Peoples Democratic Party (PDP) in Cross River State.
The panel of three Judges headed by M.M. Amadi ordered that the PDP does not have the constitutionl powers to withdraw Ibeshi rights to Vote and be Voted for, and hence Ayade was not a Candidate in the premise that he did not contest primaries.
The three judges in the panel unanimously agreed that in suit No CA/C/52/2019
The judge also went further to pronounce that candidate from the list submitted by PDP NWC should not be recognized by INEC.
Responding to the Order the Counsel to Ayade and others, Farouk Liman said “I am dissapointed with the order of court but it is in the interest of justice and our party have agreed to expeditiously pursue the matter and bring the substantive matter to an end.”
Also responding, Counsel to the Ibeshi, Boni James SAN said, “the PDP did not follow due process before disqualifying Emmanuel Ibeshi. And therfore he was the substantive Flag Bearer of the PDP.
That Ben Ayade of PDP whose names was published by INEC as submitted to them by the National Working Committee of the PDP, remains null and void and that the court has given the respondents’ counsel up to 11 thMarch , 2019 to file their brief on the substantive case and the matter adjourned to Monday 24thMarch, 2019 for hearing.