Benjamin Nworie
A Federal High Court in Abakaliki, the Ebonyi State capital, has nullified the rescheduled primaries of the Peoples Democratic Party (PDP) held in the state on June 4 and 5, 2022.
The court, presided by Justice Fatun Riman, upheld the primary of May 28 and 29, 2022, which was cancelled by the National Working Committee (NWC) of the party.
The court also restrained the party from refusing to receive and transmit the name of Mr. Ifeanyi Odii, who won the cancelled governorship primaries, to the Independent National Electoral Commission (INEC) as the candidate of the party for state governorship election.
Senator Obinna Ogba won the rescheduled election, which the court declared null and void, and illegal.
The party had been enmeshed in leadership tussle since the state executive election last year, which Mr. Tochukwu Okorie was declared the winner.
Mr. Silas Onu, who lost to Okorie, challenged the outcome in court, and in April 2022, the Federal High Court in Abuja sacked Okorie and ordered that Onu be sworn in.
But Tochukwu appealed the ruling in court and the appellate court ordered that the status quo existing before the high court ruling be maintained, which effectively ousted Onu.
But Onu continued to lay claim to the chairmanship of the party, and even went ahead to conduct the primaries of May 28 and 29.
The national leadership of the party, midway into the governorship primary election on May 29, announced the cancellation of the primary elections for the state.
But the primaries went ahead, and Ifeanyi Odii emerged the winner even though most of the aspirants boycotted or withdrew from the election.
The party later fixed another primary for June 4 and 5, 2022, in which fresh candidates emerged, including Senator Ogba, who emerged winner of the reschedule governorship election.
Odii, however, boycotted the said rescheduled election, and approached the court seeking a declaration that the cancellation or purported cancellation of the governorship primary election held in Ebonyi State on May 29, 2022, is unlawful, whimsical, capricious, null, void and of no effect in any manner whatsoever for offending the provisions of the electoral law.
Odii, through his lawyer, Mudi Erhenede, also sought a declaration that the national chairman and the national secretary of the PDP cannot upturn the valid decisions of the National Working Committee (NWC) and the National Executive Committee (NEC) without holding a valid and subsequent meeting of the said organs of the party for that purpose.
“A declaration that the PDP cannot lawfully cancel, upturn, annual the outcome of its governorship primaries held on May 29, 2022, in Ebonyi State in the manner contained in its purported press statement of May 29, 2022, for offending the provisions of the said extant laws referred to above.
“A declaration that the Independent National Electoral Commission (INEC) cannot blindly comply with the cancellation or purported cancellation of the governorship primary election of the PDP held on May 29, 2022, in Ebonyi State for offending the provisions of the said extant laws referred to above.
“An order of perpetual injunction restraining the first defendant or itself, its agents, organs, servants, workmen, privies among others from purporting to cancel or otherwise tamper with or upturn the outcome of the governorship primary election held in Ebonyi State on May 29, 2022.
“An order of perpetual injunction restraining the first defendant for itself, agents, organs, servants, workmen from refusing to receive or transmit the name of the plaintiff/applicant to the second defendant (INEC) as its governorship candidate for Ebony State.
“An order of perpetual injunction restraining the first defendant for itself, its agents, organs, servants, workmen, privies from rescheduling or fixing any other date for its governorship primary election in Ebonyi State other than that scheduled and already held by it in Ebonyi State on May 29, 2022.
“An order of perpetual injunction restraining the second defendant for itself, its agents, servants, workmen, privies from monitoring any other governorship primary election of the PDP in Ebonyi State after that of May 29, 2022.”
In his ruling, Justice Riman agreed with the plaintiff and grabbed all the reliefs sought.
The Judge noted that the rescheduled primary election was held in flagrant disregard to the party’s guidelines and constitution.
He also averred that the rescheduled primary election flouted the Electoral Law as amended as the Independent National Electoral Commission (INEC) did not monitor the said election.
