The Court of Appeal, Enugu Division has upheld the dissolution of the Onyekachi Nwebonyi led State Executive Committee (SEC) of the Peoples Democratic Party (PDP) in Ebonyi State.
Recall that the national leadership of the PDP dissolved the then SEC following the defection of Gov. Dave Umahi to the All Progressives Congress (APC).
Consequently, the Nwebonyi led executive committee challenged the dissolution in a suits filed at the Federal High Court, Abakaliki and State High Court, Abakaliki and got favourable judgements that set aside the dissolution.
However, the PDP appealed the judgment of the lower court in suit no. CA/E/3/2021 between the PDP & 2 Others V Chief Onyekachi Nwebonyi & Others.
The party also filed another appeal in suit no. CA/E/50/2021 between PDP and Others V Nnachi Okoro & Independent National Electoral Commission (INEC).
In the lead judgment delivered by Justice J.O.K Oyewole, the court upheld the dissolution of the Nwebonyi led exco and set aside both judgments of the Federal High Court and High Court of Abakaliki.
Oyewole held that the dissolution of the then SEC was an internal affairs of the party for which the trial court had no jurisdiction to entertain.
He noted that the trial state high court judge erred in law when he discountenanced the plethora of Supreme Court authorities on the issue, and relied on an unreported authority cited by the respondents.
He awarded a cost of N200,000 against Nwebonyi & Others in Appeal No CA/E/03/2021.
On the appeal between the PDP & Others V Nnachi Okoro in appeal no. CA/E/50/2021, the judge also agreed that the dissolution of the then state exco was an internal affairs of the PDP.
He held that the trial Federal High Court had no jurisdiction in the matter since the case was not against the executive or administrative conducts of INEC sued as the 2nd Defendant in the matter.
Oyewole, however, did not award any cost against Okoro.
