A Federal High Court in Abuja on Friday dismissed a suit filed by some aggrieved members of Akwa Ibom Peoples Democratic Party (PDP) against the party over the alleged conduct of the state’s primary elections.
Delivering judgment, Justice Obiora Egwuatu, held that the suit lacked merit.
Justice Egwuatu said that the plaintiffs, having not participated in the elections, lacked the locus standi to institute the suit.
“The court is merely stating the obvious that the plaintiffs lacked the right to challenge a process they never participated.”
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He also agreed with the 2nd defendant (PDP) that the plaintiffs did not exhaust the party’s internal mechanism to resolve the issue before filing the matter.
The court held that the plaintiffs were not ward executives who are charged to conduct the exercise by the party’s laws and also dismissed their claims that the notice by the Publicity Secretary of the 2nd defendant, was only intimating everyone to go and participate in the exercise and did not bar any eligible member of the party from participating.
Your judgement is a product of exemplary courage.
On Plaintiff’s application for the court to nullify the primaries of the PDP in Akwa Ibom State, as a violation of its Status Quo Ante Bellum Order, the court dismissed the application saying it was unnecessary since the Stay of Execution Order sought by the 2nd defendant, PDP has already been granted by the Court.
“It will amount to giving in one hand and taking from the other,” Justice Egwatu posited.
The judge consequently dismissed the suit for lacking in merit.
Straightnews had reported that the plaintiffs: Friday Iwok and 30 others, had sued the Independent National Electoral Commission (INEC), the PDP, and the elected ad-hoc delegates who emerged from the ward congresses conducted as 1st to 3rd defendants, respectively.
In the suit marked FHC/ABJ/CS/606/2022, the plaintiffs wanted the court to declare the outcome of the ward congress of the party in Akwa Ibom a nullity.
The development followed the PDP’s ward congress organised on April 30 to elect three ad-hoc delegates that would vote in the party primaries.
The applicants, however, filed a suit, requesting the court to set aside the results of the ward congress.
They alleged that no election was conducted to choose the ad-hoc delegates in the state.
The primaries were conducted to elect its candidates for the 2023 House of Assembly and House of Representatives elections.
The aggrieved members; through their lawyer, Ahmed Raji, SAN, told Justice Egwuatu that his order made on May 18 was disregarded by the defendants.
Reacting, Barr Emmanuel Enoidem who represented the 2nd Defendant PDP on behalf of Chief Paul Usoroh, SAN, described the judgement as a display of courage and character by the judge.
He said the judgement was a benchmark as it was the first interpretation of the new electoral law as amended.
Barr. Uwemedimo Nwoko, SAN, on his part, thanked the judge for the industry committed in delivering the landmark judgement on the novel electoral law.
