ENUGU, Nigeria (VOICE OF NAIJA)- The suit seeking the disqualification of all the Peoples Democratic Party (PDP) candidates in Enugu State from taking part in the 2023 elections, has been fixed for 15 February for judgement.
The case was instituted by the Enugu North Senatorial district candidate of the African Democratic Congress (ADC), Chika Idoko.
Idoko in the suit No: FHC/EN/CS/217/2022, had dragged the Independent National Electoral Commission (INEC), the PDP, and all its candidates in Enugu State to a Federal High Court sitting in Enugu.
He claimed that the PDP primary election was in contravention of Section 77 of the Electoral Act, therefore, should be voided.
Idoko added that the party should be punished in line with extant provisions of the Section 84 of the same Act.
He argued that the party submitted its membership register to INEC on 6 May, 2022, less than 30 days to its primary election, which is contrary to the provisions of the law.
It was gathered that legal fireworks resumed on Thursday, with all the parties adopting their process, including preliminary objections and addresses for the substantive suit.
Barr. T. Ekpenyong, Counsel to the applicant, told the Court that the case of his client, (Idoko) pertains to the interpretation of Section 77 of the Electoral Act.
According to him, a letter from the first defendant, which was admitted in evidence, showed that the PDP submitted the register in contravention of the Electoral Act.
Also, the plaintiff’s counsel cited some cases to support his assertion that his client had the locus to file the suit.
Ekpenyong prayed the court that, “We ask that the preliminary objection of the defendants be discountenanced.”
All the other defendants filed preliminary objections, with the exception of the first defendant, INEC.
They 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 it was filed out of time.
They further told the court that whereas the course of action arose on 6 May 2022, the plaintiff waited till September to file the court action.
The defendants, including the PDP, its guber candidate: Barr. Peter Mbah, National and State Assembly candidates were represented by Onyechi Ikpeazu, SAN, Anthony Ani, (SAN), Justina Offia (Mrs.) SAN, Barr. Ogochukwu Onyekwuluje.
While making its submissions to have the main suit struck-out, the PDP said it submitted the soft copy of its register to the INEC in March, 2022, adding that what it submitted in May was a hard copy to ease the job of the commission.
Therefore, they told the court to strike out the suit for lack of jurisdiction.
The Judge, Justice Folashade, after listening to their arguments, Giwa-Ogunbanjo adjourned the suit to 15 February, for ruling on the preliminary objection and judgement on the substantive suit.