The Federal High Court ,Umuahia, has struck out suit seeking to disqualify candidates of the People’s Democratic Party, PDP in the 2023 general elections.
The state chapter of the PDP has been enmeshed with crisis over the 3 man delegate election.
Seven of the delegates had filed a suit
challenging the party’s ward congress, alleging that the election was not conducted in the state.
The Independent National Electoral Commission, (INEC); the PDP; and the party’s National Chairman, Dr Iyorchia Ayu, were the first, second and third defendants, respectively.
The plaintiffs, among other prayers, sought “A declaration that the purported PDP Ward three (3) Ad-Hoc Delegate Congresses allegedly conducted in Abia State on Friday the 6th day of May 2022 is unauthorized, incompetent, unlawful, illegal, null, void, of no effect whatsoever and that no valid or competent Ward Ad-Hoc Delegates were elected thereat”.
They also sought “A declaration that as a consequence of not having held valid, lawful or competent Ward three (3) man delegates Congresses in any of the 184 Wards of Abia State, no competent, lawful or valid Primary elections have been held by the 2nd Defendant, Peoples Democratic Party, (PDP) in the state for the purpose of electing its candidates for the public offices of Abia State House of Assembly, Abia State Governor, House of Representatives and Senate representing Abia State at the National Assembly.”
Other prayers of the plaintiffs include:” An order voiding, nullifying, and setting aside the incompetent, invalid and unlawful PDP Ward three (3 man delegate Congress purportedly conducted in Abia State on Friday ,6th day of May 2022.
“An order setting aside nullifying and voiding the primary elections of the 2nd Defendant, Peoples Democratic Party (PDP) held for the public offices of Abia State House of Assembly, Abia State Governor, House of Representatives and Senate representing Abia State at the National Assembly held without conduct of valid and competent PDP Ward three 3 delegate
Congresses.
Delivering judgement on the matter, Justice Evelyn Anyadike, held that the conduct of party delegate congress was entirely an internal affairs of a political party and not justiceable in law.
The court held that no law gives delegates right of action in court to challenge the conduct of delegate congress.
Justice Anyadike explained that the suit can only be justiceable in the court if it were brought by an aspirant who participated in a primary election.
The court struck out the suit declaring that the plaintiffs lacked locus to file the suit.
Counsel to the plaintiffs, Nnamdi Ahaiwe, said his clients would decide on the next line of action after a careful study of the judgement.
” You know that judgement is how the court interprets a case brought before it. We will go back and read the judgement, and after that, we will take a decision.
” The law has made provisions for other levels of adjudication because it knows that a court can be wrong. So, parties have the right to go to higher courts.”
Majority Leader of the Abia State House of Assembly and candidate for Obingwa East state constituency, Chief Solomon Akpulonu, commended the Court for what he described as a well considered judgment.
He stated that the PDP in the state is set to win all the positions in the 2023 elections.
