The Peoples Democratic Party (PDP) in Akwa Ibom State has headed to Court of Appeal, Abuja, asking the court to set aside the judgment of a Federal High Court in Abuja, which declared Mr. Michael Enyong as its authentic candidate in the March 11 governorship election in the state.
The party’s request was contained in an appeal against the judgment of Justice Fadima Aminu, who had on January 20, 2023 ordered the Independent National Electoral Commission (INEC) to forthwith recognise and publish Enyong’s name as the governorship candidate of the party in the state.
Enyong’s argument
Enyong had referred the court to an order by Obiora Egwuatu, judge of Federal High Court, on May 18 in suit FHC/ABJ/CS/606/2022 which restrained the PDP from utilising its list of ad-hoc delegates to conduct its governorship primary election in Akwa Ibom, pending the determination of the substantive suit.
Also read: Umo Eno tenders certificates in court, disowns confirmation of result
The plaintiff said he emerged winner of the indirect primary election scoring 2,448 out of the 2,776 total accredited votes.
But, he said the party refused to submit his name to INEC as the governorship standard bearer which informed his decision to seek legal redress.
While INEC maintained a neutral stance in the matter, the 2nd defendant (PDP) never put in an appearance despite the proof of being served with the originating summons and all other processes.
“In the final analysis, this court holds that the plaintiff has successfully proved his case on the preponderance of evidence. Consequently, the plaintiff is hereby declared the validly nominated gubernatorial candidate of the 2nd Defendant having emerged winner of the conducted primary election in Akwa Ibom state for the forthcoming 2023 general elections held on 25th day of May 2022,” the judge said.
“In the same vein, any other governorship primary election held after the valid election of 25th day of May, 2022, that election having no basis in law, is hereby declared null, void, and of no effect together with its outcome.
“The 2nd defendant (PDP) is hereby ordered to submit and present the name and details of the plaintiff to the 1st defendant as its rightful candidate.
“The 1st defendant (INEC) is to accord the plaintiff recognition, issue him a nomination form or publish his name as the 2nd defendant’s Akwa Ibom State gubernatorial candidate for the forthcoming 2023 general elections.
“The activities of a political party cannot be operated arbitrarily or at the whims or caprices of select individuals, no matter how highly placed.
“Political parties are creations of the constitution and statute. Therefore, the affairs of registered political parties in Nigeria must be run in conformity and in obedience to the law creating them.”
The court, therefore, ordered him to be replaced with Michael Enyong, a two-term member representing Uyo/Uruan/Nsit Atai/Ibesikpo Asutan Federal Constituency in the House of Representatives, as the authentic PDP governorship candidate.
In throwing out the request for stay of execution, the Court ruled that Umo Eno was never a party to the case filed by Enyong, and so his request could not be entertained by the Court, describing Eno as ”meddlesome interloper’’ for seeking to file an application in a matter he was never a party to.
Court dismisses appelant’s application
The Federal High Court in Abuja on Tuesday, February 7 dismissed an application filed by Pastor Umo Eno seeking a stay-of-execution Order which had nullified his nomination as the PDP governorship candidate in Akwa Ibom State.
Earlier, Mike Enyong, through his lawyers, had argued that Pastor Eno who was not a party to the suit lacks the locus standi to appeal the judgment, praying the court to dismiss the application.
Enyong’s lawyer further argued that Pastor Eno could not complain against the judgment which merely declared a fact in law to be executed by the parties involved.
Straightnews gathered that PDP at the National level has the locus to file an appeal or apply for a stay of execution against the judgement which sacked Eno.
‘‘So far, it appears the PDP National Legal Adviser (NLA), Ajibade Adeyemi, SAN is not willing to participate in the matter especially since he was never carried along in all the Umo Eno’s legal matters.’’
The PDP National Legal Adviser had a few weeks ago issued a public statement announcing that it is only the NLA that has the authority to brief and engage lawyers holding briefs, calling on all affected party members desist from engaging lawyers without his knowledge.
It is alleged that Enyong’s lawyers had served INEC with the Court order and his name would soon be published by the electoral umpire as PDP’s authentic governorship candidate.
Eno lawyers head to Appeal Court
Dissatisfied with this decision, the PDP through his lawyer, Mr. Paul Usoro (SAN), approached the appellate court to set it aside on the grounds that the trial court breached its right to fair hearing, and was misdirected by the 1st respondent in the appeal, adding that the suit was statute-barred as at when it was filed on August 1 by the 1st respondent.
In the appeal filed on January 30, the PDP claimed that the trial court was without jurisdiction when it entertained, adjudicated over and determined Enyong’s suit against it when it was not served with the Originating Summons and as such erred in law and occasioned a miscarriage of justice.
In the seven grounds of appeal against the judgment of Justice Aminu, PDP accused the trial court of breaching its fundamental rights to be heard in the matter, when the court proceeded to hear and determine the case against it without service of the Originating Summons.
The appellant also contended in grounds three of the appeal that the case of Enyong was already statute barred as at the time it was filed on August 1, 2022. Hence, the court lacked jurisdiction to have entertained it.
According to the appellant, Section 285(9) of the Constitution provides a 14-day timeline for any aggrieved person to file its case in a pre-election matter, adding that while the case was filed on August 1, 2022 the cause of action occurred in May 25, several weeks after the action.
The PDP further disagreed with the 1st respondent that he became aware that his name was not submitted on July 22, when INEC published names of candidates in the 2023 general election.
According to the PDP, the final date for submission of nominees to INEC was July 15, and nomination forms were sent to nominees for completion before or on July 15, adding that Enyong ought to have known by July 15, 2022 that he was not the qualified candidate of the PDP in Akwa Ibom governorship election.
Similarly, PDP in grounds four of the appeal argued that the trial judge was misdirected in entering judgment in favour of Enyong based on May 18, 2022 the order of Justice Obiora Egwuatu which was made in ultra vires powers of the court.
It is the case of the PDP that elected ad-hoc delegates of the party voted for candidates of their choice and the winner was Pastor Umo Bassey Eno.
The PDP in addition stated that no statutory delegate voted at the said governorship primary, adding that the appellant and Eno had successfully defended the victory in court in suit number: FHC/UY/CS/110/2022 between Akan Ekpe Okon against the PDP and two others where judgment was delivered in their favour, adding that the Court of Appeal affirmed the judgment in suit number CA/C/369/2022 on January 19.
Appellant further submitted that it did not conduct any governorship primary in Akwa Ibom after May 25, neither did it conduct any other, order than the one that produced Pastor Eno.
The appellant accordingly prayed the Court of Appeal, to allow the appeal and set aside the judgment of Justice Aminu, which declared Enyong as its candidate for the March 11 governorship election in Akwa Ibom State.
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 2,776 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 positions in the 2023 general elections, his name was not included, hence the legal action.
Among the questions he raised for determination are 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.
