A Federal High Court sitting in Enugu, on Friday, struck out the suit seeking the disqualification of all the candidates of the Peoples Democratic Party in Enugu State from taking part in the 2023 elections.
The suit, which was instituted by the Enugu North Senatorial District candidate of the African Democratic Congress, Chika Idoko, was disqualified on the ground of lack of locus standi
In suit No: FHC/EN/CS/217/2022, Idoko had dragged the Independent National Electoral Commission, the 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 law.
The defendants’ counsel argued that whereas the course of action arose on May 6, the plaintiff waited till September to file the court action.
In 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.
Reacting to the judgment, the PDP Campaign Council, Enugu, hailed the court’s decision upholding the primary elections that produced its candidates for the 2023 governorship, National Assembly, and State Assembly elections.
It described it as a victory for democracy which it noted was in tandem with established previous judicial decisions.
In a statement issued by its Director of Public Communications and spokesperson of the council, Nana Ogbodo, it said, “We welcome the judgment by the honourable court upholding the primary elections that produced our candidates in the 2023 general election. This is a victory for democracy and in tandem with the provisions of our laws and decisions by both the Court of Appeal and the Supreme Court in matters of this nature.”
