From Geoffrey Anyanwu, Enugu

The Peoples Democratic Party (PDP) Campaign Council, Enugu has hailed the judgment of the Federal High Court, Enugu, which declined jurisdiction on the suit seeking disqualification of all the candidates of the party in the state for the 2023 general elections.

The council described the judgment as a victory for democracy, asking the opposition in the state to utilise the remaining campaign windows to market themselves to the people of Enugu state.

Presiding judge, Justice Folashade Giwa-Ogunbanjo, had in her judgment held that the matter was not statute-barred because it was not filed outside 14 days after the first defendant (INEC) had published the names of candidates. She however held that the plaintiff and Enugu North Senatorial District candidate of the African Democratic Congress (ADC), Mr. Chika Idoko, lacked the locus standi to institute the matter because he was not an aspirant or a member of the second respondent (PDP).

Justice Giwa-Ogunbanjo therefore, struck out the suit, stating, “This court lacks jurisdiction to hear the originating summons because it will be an exercise in futility.

“Where the plaintiff lacks local standi to maintain the matter, the court lacks jurisdiction to entertain the suit.”

Idoko had in suit No: FHC/EN/CS/217/2022,  dragged the Independent National Electoral Commission (INEC), the PDP, and all its candidates in Enugu State to the court, claiming that the PDP primary election was in contravention of Section 77 of the Electoral Act and should thus be voided, while the party should be punished in line with extant provisions of Section 84 of the same Act.

He argued that the party submitted its membership register to INEC on May 6, 2022, less than 30 days to its primary election, contrary to the provisions of the law.

His counsel T. Ekpenyong had told the court that the case of his client, has to do with the interpretation of Section 77 of the Electoral Act, pointing out that a letter from the first defendant, which was admitted in evidence, showed that the PDP submitted the register in contravention of the Electoral Act 2023.”

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