By Tony Adibe
Federal High Court sitting in Enugu has struck out the suit seeking the disqualification of all candidates of the Peoples Democratic Party (PDP) in Enugu State from participating 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 the Independent National Electoral Commission (INEC), the PDP, and all its candidates in Enugu State to the court. He was claiming that the PDP primary election was in contravention of Section 77 of the Electoral Act and should thus be voided, stressing that the party should be punished in line with extant provisions of the Section 84 of the same Act.
Idoko’s argument through his counsel, Barr. T. Ekpenyong was 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. 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.
But, the defendants, including the PDP, its guber candidate, Barr. Peter Mbah, National and State Assembly candidates, 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 the matter was filed out of time.
The defendants, represented by Onyechi Ikpeazu, SAN, Anthony Ani, (SAN), Justina Offia (Mrs.) SAN, Barr. Ogochukwu Onyekwuluje, prayed that the matter be struck out for lack of jurisdiction, arguing that whereas the course of action arose on May 6, the plaintiff waited till September to file the court action.
Delivering her judgement on Friday, the presiding judge, Justice Folashade Giwa-Ogunbanjo, said the matter was not statute-barred because it was not filed outside 14 days after the first defendant (INEC) had published the names of candidates.
However, the judge said that the appellant lacked the locus standi to institute the matter because he was not an aspirant or a member of the second respondent (PDP).
Therefore, Justice Ogunbanjo struck out the suit, insisting: “This court lacks jurisdiction to hear the originating summons because it will be an exercise in futility. Where the plaintiff lacks local standi to maintain the matter, the court lacks jurisdiction to entertain the suit”.
