A Federal High Court sitting in Enugu has struck out a suit seeking the disqualification of all 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 No: FHC/EN/CS/217/2022, Idoko had dragged INEC, PDP and all its candidates in Enugu State to the court.
He claimed that the PDP primary election was in contravention of Section 77 of the Electoral Act and should thus be voided, adding that the party should be punished in line with extant provisions of Section 84 of the same Act.
His argument is 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.
Counsel to the applicant, Barr T. Ekpenyong told the court that the case pertained to the interpretation of Section 77 of the Electoral Act.
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.
The defendants, including the PDP, its guber candidate, Barr Peter Mbah, national and state assembly candidates were represented by Onyechi Ikpeazu (SAN), Anthony Ani (SAN), Justina Offia (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.
Delivering verdict on the suit, Justice Folashade Giwa-Ogunbanjo said the plaintiff had no locus standi to institute the case and therefore struck out the suit.
