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From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has dismissed an ex parte application brought by a member of House of Representatives and governorship aspirant, Farah Dagogo, to stop the Peoples Democratic Party (PDP) governorship primary in Rives State for lacking in merit.
Justice Taiwo Taiwo, in his ruling yesterday, held that the lawmaker failed to placed before the court, sufficient material facts to warrant the grant of the interlocutory application.
Besides, the court held that the failure of Dagogo to act on time was fatal to his case, as equity does aides the diligent and not the indolent.
Justice Taiwo added that the applicant approached the court rather too late to seek redress in a matter that urgency was required.
The judge further held that granting the ex parte application would not be in the best interest of the defendants as the balance of convenience will not be favourable to them.
“The applicant was aware of the timetable of the 2nd defendant (Independent National Electoral Commission) for the conduct of the primary. Why did he wait till this time before coming to court?
“Besides, the applicant did not participate in the primary which he wants to stop. This court will not do that. This application ought to be dismissed for lack of merit and same is dismissed,” Taiwo said.
Before the ruling, the court had summoned the PDP and the INEC to appear before it and explain why its governorship primary should hold in Rivers State without the participation of Dagogo.
Dagogo, who is a member of the House of Representatives and a governorship aspirant on the platform of the party, had filed a suit against the PDP and INEC over his alleged exclusion in the list of governorship aspirants in the state.
He is currently in the custody of the Port Harcourt Correctional Centre, on the orders of court following his arraignment on a two-count of conspiracy to felony and cultism at the Federal High Court, Port Harcourt.
In a suit marked FHC/ABJ/CS/654/2022, the federal lawmaker is seeking an order of interlocutory injunction restraining PDP from using any list of aspirants without his name to conduct the May 26 primary pending the hearing and determination of the substantive suit.
He is also seeking an order restraining INEC from accepting any candidate, who might emerge from the primary conducted without his participation.
Justice Taiwo on Monday ordered the PDP and INEC to show cause on Tuesday, why Dagogo’s application seeking injunctive orders should not be granted.
Dagogo went to court to seek an order of the High Court to restrain INEC (2nd defendant) or any of its officers or agents from monitoring the conduct of the PDP (1st defendant) primary election for the gubernatorial position for Rivers State scheduled for May 26, 2022.
He asked the court not to allow INEC to send any of its representatives on the scheduled fixed date without his name on the list of contestants for the forthcoming primary pending the hearing and determination of the substantive action.
