*Orders INEC to accord him recognition, publish his name
Alex Enumah in Abuja
A Federal High Court in Abuja has declared Hon. Micheal Enyong as the authentic candidate of the Peoples Democratic Party (PDP), for the March 11 governorship election in Akwa-Ibom.
Justice Fadima Aminu, who made the declaration on January 20, while delivering judgment also ordered the Independent National Electoral Commission (INEC) to forthwith recognise and publish Enyong name as the candidate of the PDP in the said ruling.
Delivering judgment in the suit marked: FHC/ ABJ/CS/1295/2022, the judge berated the PDP which was the second defendant in the suit for acting arbitrarily, adding that political parties and politicians must learn to subject themselves to the Constitution and their own rules.
Enyong had on August 1, 2022, dragged INEC and PDP, who are 1st and 2nd respondents respectively to court for refusing to recognise him as the authentic candidate of the PDP in the forthcoming governorship election in Akwa-Ibom State.
In the suit filed on his behalf by his lawyer, Mr. Peter Nwatu, plaintiff claimed he had emerged winner at the PDP’s primary election of May 25, after scoring a total of 2,448 out of 2776 votes in the pry conducted and ratified by the National Executive Committee of the PDP.
He said, however that the party refused to submit his name to INEC as its candidate for the gubernatorial election.
He added that when INEC published its list of candidates for various elective position in the 2023 general elections, his name was not included, hence the legal action.
Amongst the questions he raised for determination were that whether by provisions of the electoral law and the judgment of Justice Obiora Egwuatu of the Federal High Court, Abuja, he was not the authentic and validly nominated governorship candidate of the PDP in the March 11 in Akwa Ibom State.
While praying for a declaration that the PDP ought to submit his name to INEC as its candidate, he prayed the court to restrain the PDP from submitting any other name to INEC in respect of the Akwa-Ibom governorship election as well as another order restraining INEC from accepting any other name besides his in the governorship election.
Delivering judgment, the court observed that the defendants did not file any process to controvert the plaintiff.
Based on this, the court held that the plaintiff successfully proved his case on the preponderance of evidence and went ahead to declare Enyong as the validly nominated governorship candidate of the PDP in Akwa-Ibom.
While noting that conditions for forwarding any other name besides the plaintiff was not met by the PDP, the judge held that the party had no power to act contrary to the outcome of the primary election.
Justice Aminu subsequently declared that, “any other governorship primary held after the valid election of May 25, 2022 has no basis in law and it is declared null and void. 2nd defendant is hereby ordered to submit and present name of plaintiff to the 2nd defendant. 1st defendant is to accord plaintiff recognition issue him nomination form or publish his name as candidate of the 2nd defendant in the governorship election in Akwa-Ibom State.”
