An expelled member of the AAC, Nzenwa filed an action to challenge the matter which had been decided and put to rest by the appellate court.
Justice Emeka Nwite of the Federal High Court Abuja has dismissed a fresh suit challenging the decision of the Court of Appeal which affirmed human rights activist, Omoyele Sowore, as the substantive National Chairman of the African Action Congress (AAC).
An expelled member of the AAC, Nzenwa filed an action to challenge the matter which had been decided and put to rest by the appellate court.
The illegal and frivolous action was to truncate the ambition of Sowore as the presidential candidate of the AAC.
An Appeal Court sitting in Abuja on June 2, 2022, affirmed Sowore as the substantive chairman of the party.
A new lawsuit instigated by an expelled member of @aacparty, Leonard Ezenwa has been dismissed and punitive cost given against Leonard Ezenwa. Justice Nwite rules that the lawsuit was an abuse of court process.
— Omoyele Sowore (@YeleSowore) December 5, 2022
The court held that a 2019 judgment delivered by Justice Inyang Ekwo of the Federal High Court which sacked Sowore as the party’s chairman was out of the court’s jurisdiction, adding that it was an internal affair. The appellate court also ruled that Justice Ekwo’s judgment violated Sowore’s right to a fair hearing.
But Nzenwa in a fresh suit at the High Court sought an order declaring him as validly appointed as the acting chairman of the party and also the substantive chairman of the party.
He also requested an order of the court directing the Independent National Electoral Commission (INEC), who is the 2nd defendant in the suit, to accept and recognise his “candidates” for the 2023 general elections.
In an attempt to mislead the court, the expelled AAC member through his lawyer, Soji Toki, disguised the suit and made it look like a pre-election matter. He, however, failed to cite or make reference to any section of the Electoral Act or the Nigerian Constitution which INEC allegedly breached in all the processes filed.
Giving judgement on Monday, Justice Nwite dismissed the case in its entirety, for lacking in merit.
The judge ruled that the lawsuit was an abuse of the court process and Five Hundred Thousand Naira (N500, 000.00) was awarded against the plaintiff as a punitive cost.