Stephen Ukandu, Umuahia
An Abia State High Court sitting at Bende, has set aside, the Ward and Local Government Area congresses of the Abia State chapter of the Peoples Democratic Party, PDP, conducted respectively in 2024.
Similarly, the court nullified the councellorship and chairmanship primaries of the party for the November 2nd, 2024 Abia Local Government election in the state.
The nullification followed a suit filed by a PDP chieftain, Enyinnaya Ogbu.
Defendants in the suit marked HB/5/2024 were the PDP, the PDP National Chairman, PDP National Financial Secretary, PDP National Organizing Secretary, PDP National Legal Adviser, PDP National Secretary, Allwel Asiforo Okereke, Kenneth Madubuike, and the Abia State Independent Electoral Commission (ABSIEC).
Meanwhile, some of the reliefs sought by the claimant include: “A declaration that the conduct of ward and Local Government congresses, primary elections to nominate the PDP chairmanship and councillorship candidates for the Abia State Local Government Election, 2024 and/or the nomination and submission of list of candidates and all communications made thereto by the 7th and 8th Defendants and their cohorts to the 9th Defendant at the behest of the 1st -6th Defendants constitute clear negation and violation of the orders of the High Court of Abia State High in Suit No: HB/3/2024 — Francis Etuzu & 2 Ors. V. PDP & 4 Ors, dated 23/7/2024 and 25/10/2024 respectively, and therefore invalid, null, void and improper in law in the circumstances of the case.
“A declaration that the 1st Defendant has no valid chairmanship and councillorship candidate in the Abia State Local Government Election, 2024 scheduled to be conducted by the 9″ Defendant on 2” day of November, 2024 or any date in the circumstances of the case.
“A declaration that the 1st — 8th Defendants have by their unlawful conducts, denied the Claimant his right to participate as a PDP chairmanship candidate for Ukwa East Local Government Council in the said election scheduled to be conducted by the 9″ Defendant on 24 November, 2024 as protected under Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”
Delivering judgment in the matter, the presiding Judge, Hon. Justice C. U Okorafor, granted all prayers of the Claimant.
Later in an interview, Counsel to the Claimant, Mr O. O Amuzie, hailed the judgment which he described as triumph for democracy, justice and equity.
Responding also, PDP lawyer, Chief Ukpai Ukairo, said his client would appeal the judgment after due consultations with relevant structures of the party.
Chief Ukairo who expressed optimism for a favourable outcome at the appellate court, said he would also file a stay of execution of the judgment.
He said: “We are filing an appeal followed by a motion for stay (of execution). We have no doubt that the appeal will succeed because it has been so clear in so many decisions that such issues as congresses are internal affairs of the party. No court has jurisdiction over it.”
Responding to a question on the implications of the judgment, he said: “The court set aside the Ward congresses, the LGA congresses, and made consequential order nullifying the PDP primaries that nominated candidates of our parties for the LGA election.”
