A Federal High Court sitting in Enugu has struck out the suit seeking the disqualification of all the Peoples Democratic Party (PDP) candidates in Enugu State from taking part in the 2023 elections.
The case was instituted by the Enugu North Senatorial District candidate of the African Democratic Congress (ADC), Chika Idoko.
In the suit marked FHC/EN/CS/217/2022, Idoko, who dragged the PDP and its candidates alongside the Independent National Electoral Commission (INEC) to court, claimed that the PDP primary elections were in contravention of Section 77 of the Electoral Act, 2022 and should thus be voided, adding that the party should be punished in line with extant provisions of the Section 84 of the same Act.
His argument was that the party submitted its membership register to INEC on May 6, 2022, less than 30 days to its primary elections, contrary to the provisions of the electoral law.
Counsel to the applicant, Barr. T. Ekpenyong, told the Court that the case of his client (Idoko) pertained to the interpretation of Section 77 of the Electoral Act, 2022.
He said a letter from the first defendant, which was admitted in evidence, showed that the PDP submitted its membership register in contravention of the Electoral Act, 2022.
The plaintiff’s counsel also cited some cases to support his assertion that his client had the locus to file the suit.
“We ask that the preliminary objection of the defendants be discountenanced,” Ekpenyong prayed the court.
The defendants, including the PDP, its gubernatorial candidate, Barr. Peter Mbah, National and State Assembly candidates were represented by Onyechi Ikpeazu, SAN, Anthony Ani (SAN), Justina Offia (Mrs.) SAN, and Barr. Ogochukwu Onyekwuluje.
They 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 it was filed out of time.
The defendants told the court that whereas the course of action arose on May 6, the plaintiff waited till September to file the court action.
They urged the court to strike out the suit for lack of jurisdiction.
Delivering judgement on the suit, the presiding Judge, Justice Folashade Giwa-Ogunbanjo, ruled that the plaintiff has no locus standi to institute the case and, therefore, strucked out the suit.
The court also said that it lacked the jurisdiction to entertain the suit, adding that since it has no jurisdiction to entertain the suit, it will be an exercise in futulity to continue with the matter and therefore strucked it out accordingly.
