Senator Ayogu Eze is the governorship candidate of the All Progressives Congress, APC, in Enugu State for Saturday election.
This follows the unanimous judgement of the Abuja Division of the Court of Appeal given on Thursday by Justice Abdul Aboki.
Following a suit challenging his emergence, a Federal High Court in Abuja headed by Justice Inyang Ekwo, earlier directed the Independent National Electoral Commission, INEC, to replace Eze with George Ogara as the governorship candidate of the APC.
But in the judgement delivered on Thursday, the verdict of the High Court was set aside by the Appeal Court.
The Appeal Court ruled that the suit against Eze was not filed within the prescribed time frame of the law.
It was said to have been filed outside the mandatory 14 days stipulated by Section 285 (9) of the 1999 constitution, 4th alteration Act, 2017.
Justice Aboki said that the failure of Ogara to file his suit within 14 days was in conflict with Section 285, and that made the case to be “status barred.”
“Whatever right the respondent may have in his suit has been extinguished by law,” the court said.
