Gideon Arinze in Enugu
A Federal High Court sitting in Enugu, yesterday struck out the suit seeking to disqualify all candidates of the Peoples Democratic Party(PDP) in Enugu State from taking part in the 2023 elections.
Recall that the case was instituted by the Enugu North Senatorial district candidate of the African Democratic Congress (ADC), Chika Idoko.
In the suit No: FHC/EN/CS/217/2022, Idoko had dragged the Independent National Electoral Commission (INEC), the PDP and all its candidates in Enugu State to the court, claiming that the PDP primary election was in contravention of Section 77 of the Electoral Act and should thus be voided. He also requested that the party be punished in line with extant provisions of the Section 84 of the same Act.
Idoko’s argument through his counsel, Barr. T. Ekpenyong, was that the party submitted its membership register to INEC on May 6, 2022, less than 30 days to its primary election, contrary to the provisions of the law. He said a letter from the first defendant, which was admitted in evidence, showed that the PDP submitted the register in contravention of the Electoral Act.
However, the defendants, including the PDP, its guber candidate, Peter Mbah, National and State Assembly candidates, argued that Idoko being a member of the ADC lacked the locus standi to file the matter, adding that it was also statute-barred, as according to them the matter was filed out of time.
Represented by Onyechi Ikpeazu, SAN, Anthony Ani, (SAN), Justina Offia (Mrs.) SAN, Barr. Ogochukwu Onyekwuluje, the defendants prayed that the matter be struck out for lack of jurisdiction, adding that whereas the course of action arose on May 6, the plaintiff waited till September to file the court action.
Delivering her judgment on Friday, the presiding judge, Justice Folashade Giwa-Ogunbanjo stated that the appellant lacked the locus standi to institute the matter
because it lacked the locus standi to initiate an action into what is essentially an internal affair of the PDP.
To this effect, Ohunbanjo struck out the suit, saying “This court lacks jurisdiction to hear the originating summons because it will be an exercise in futility.
“Where the plaintiff lacks local standi to maintain the matter, the court lacks jurisdiction to entertain the suit”she said.
Meanwhile, the Peoples Democratic Party (PDP) Campaign Council, Enugu has hailed the court judgment of the Federal High Court, Enugu, upholding the primary elections that produced the Enugu PDP candidates for the 2023 governorship, National Assembly and State Assembly elections in the State.
In a statement by its director of public communications and Spokesperson, Nana Ogbodo on Friday, the council described the judgment as victory for democracy.
The council asked opposition parties in the state to utilize the remaining campaign windows to market themselves to the people of Enugu state rather than attack the PDP.
“The judgment is in tandem with established previous judicial decisions by both the Court of Appeal Court and the Supreme Court in matters of this nature” the council said. “Meanwhile, we appreciate our party faithful and supporters for their standing with the party every step of the way and urge them to get their voter cards ready to go out there to vote for the PDP on the 25th of February and 11th March 2023”.
