Ike Nnachi, Abakaliki
A Federal High Court sitting in Abakaliki, Ebonyi State capital has dismissed a suit before it, filed by the Peoples Democratic Party (PDP) against Governor Francis Nwifuru challenging his nomination by the All Progressives Congress (APC) as its governorship candidate in the just concluded 2023 general election.
The suit with no: FHC/AI/CS/7/2023, was filed by Chief Mudi Erhenede, a chieftain of the PDP against Governor Francis Nwifuru.
Erhenede who is a Lead Counsel to the PDP, was seeking disqualification of Governor Nwifuru as the candidate of the APC, claiming that the governor was a member of the PDP when he contested the governorship election.
He alleged that the governor is still a bonafide member of PDP and hadn’t performed or fulfilled the lawful procedures as stipulated by the party’s constitution which guarantees individuals the permit to leave the party on defection or whatsoever reason.
He urged the court to declare that the governor’s election should be considered as unsatisfactory.
But Counsel to governor Nwifuru, Ejike Anwu, urged the court to dismiss the petition for lacking in merit.
He argued that the matter was a pre-election matter and therefore statute barred by virtue of section 285 paragraph 9 of the 1999 constitution.
In his ruling, the Presiding Judge, Justice H. A. Nganjiwa agreed with the position of the governor’s counsel and dismissed the petition for lacking in merit.