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From Godwin Tsa, Abuja
The Court of Appeal has affirmed the dissolution of the Onyekachi Nwebonyi led executives of the People’s Democratic Party (PDP) in Ebonyi State.
The appellate court specifically set aside the judgments of both the High Court of Ebonyi State and the Federal High Court which were in favour of the Nwebonyi leadership of the party.
The judgment of the Abakiliki division of the Court of Appeal was in respect of appeals filed by the Peoples Democratic Party against the judgements of the Federal High Court Abakiliki in Appeal No:CA/E/3/2021 between PDP & 2Ors V Chief Barr Onyekachi Nwebonyi & Ors and Appeal No:CA/E/50/2021 between PDP Ors V Barr Nnachi Uwa Okoro & INEC, in respect of the dissolution of the Onyekachi Nwebonyi led state executive committee by the People’s Democratic Party.
The appellate court consequently, awarded a cost of N.2m against the former PDP chairman after holding that the dissolution of the Ebonyi State Executive Committe of the Party was an internal affair of the party for which the trial Federal High Court had no jurisdiction to entertain.
In the lead judgment delivered by Justice JOK Oyewole, the court also agreed that the Federal High Court had no jurisdiction to entertain the matter since the case was not against the executive or administrative conduct of INEC sued as the 2nd Defendant in the matter.
It further agreed with counsel to the appellant’s KCO Njemanze, SAN, and Nkemakolam Okoro that the dissolution of the Ebonyi State Executive Committe of the Party was an internal affair of the party for which the trial Federal High Court had no jurisdiction to entertain.
The court also agreed that the Federal High Court had no jurisdiction to entertain the matter since the case was not against the executive or administrative conduct of INEC sued as the 2nd Defendant in the matter.
The Court of Appeal deprecated the conduct of the trial judge, who discountenanced a plethora of Supreme Court authorities on the issue and relied on an unreported authority cited by the Respondents, which the certified true copy thereof, was not even made available to the trial court. The Court of Appeal awarded a cost of 200,000.00 against Chief Barr Onyekachi Nwebonyi & Ors in Appeal No CA/E/03/2021.
