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The Appeal Court in Abuja on Tuesday has reserved Judgement on a yet-to-be-communicated date for the parties involved in the Labour Party (LP)primary election ticket racketeering in Oju/Obi Federal Constituency of Benue State, including Hon. Ihie Jonah Onah, the plaintiff, and Hon. Emmanuel Blessing Onah, the first defendant.
Hon. Ihie Jonah Onah, the applicant, who filed suit No. FHC/ MKD/ CS/69/2026 between Jonah Ihie Onah Vs INEC & 2 ORS, has approached the Appeal Court sitting in Abuja to reverse the decision of the appellate court and prevail on the Independent National Electoral Commission (INEC) to list him as the sole candidate for the forthcoming general elections under the Labour Party.
The plaintiff, Hon. Ihie Jonah Onah, had prayed that since the first defendant to the matter one Hon. Blessed Emmanuel Onah, was never a registered member of the party as at the time of the primary elections and still a member of the Peoples Democratic Party (PDP) who duely participated in the PDP primaries held on the 18th of April 2026, was not qualified as at the time of the LP primary election held on May 30, 2026 having participated and lost the PDP primaries before jumping to the LP within a space of one month thereby contravening relevant sections of the INEC guideline.
Speaking to the Daily Sun,
Counsel to the plaintiff, Ahmad Bashir Sabiu Esq. of Bashir S. Ahmed and co. However, said that the appellate court in Makurdi, Benue State, had earlier ruled that the matter in the first instance is an internal party affair that should be settled within the ranks of the party. But the client, Hon. Ihie Jonah Onah, appealed the matter within the stipulated time, citing that the defendant in this case was never a member of the LP party as at the time of the primary election.
A matter which the defendant did not file to contest at the lower Court.
He said that according to motion determined by the lower Court, the plaintiff’s prayers include a declaration that, by virtue of the provisions of Sections 65(1) and (2), 221 and 228 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and Sections 29(1) and 84(1) and (2) of the Electoral Act 2026, the plaintiff is the only validly nominated candidate of the 3rd Defendant whose name should be submitted to the 1st Defendant as the 3rd Defendant’s candidate to contest the 2027 election into the House of Representatives for Oju/Obi Federal Constituency, Benue State, having been duly endorsed as the consensus candidate of the 3rd Defendant on 8 May, 2026.
Earlier at the lower Court, the plaintiff was seeking a declaration that the 2nd Defendant is not entitled to participate in the 2027 general election on the platform of the 3rd Defendant for membership of the House of Representatives representing Oju/Obi Federal Constituency, Benue State, having allegedly failed to become a member of the 3rd Defendant and also failed to participate in the party primary held on 18 May, 2026, from which the plaintiff emerged as the consensus candidate.
The plaintiff is further seeking a declaration that the 1st Defendant is not entitled to recognise, feature or include the name of the 2nd Defendant as a candidate of the 3rd Defendant eligible to contest the 2027 general election into the House of Representatives for Oju/Obi Federal Constituency, Benue State, having allegedly failed to emerge from valid primaries as required by law and the guidelines of the Independent National Electoral Commission.
The suit also seeks a declaration that the 2nd Defendant is not eligible or qualified to contest the 2027 general election for the office of member representing Oju/Obi Federal Constituency in the House of Representatives, having allegedly not been duly nominated and sponsored by the 3rd Defendant as required by law.
Also contained in the summons is a declaration that the 1st Defendant is not entitled to accord recognition to any nomination or sponsorship of the 2nd Defendant in respect of the House of Representatives election that is the subject of the suit and scheduled to be conducted by the 1st Defendant in Benue State during the 2027 general election.
The plaintiff further contends that the inclusion of the name of the 2nd Defendant, or any other person other than the plaintiff, in the list of candidates to be published by the 1st Defendant as the candidate of the 3rd Defendant for Oju/Obi Federal Constituency is unlawful, null and void.
The suit is also seeking an order of mandatory injunction directing the 1st and 3rd Defendants to remove from their list of nominated or sponsored candidates eligible to contest the 2027 general election into the House of Representatives for Oju/Obi Federal Constituency, Benue State, or from any list, ballot paper, election records or election materials, the name of the 2nd Defendant or any other person submitted by the 3rd Defendant as its candidate for the election.
It also seeks an order of injunction restraining the 1st Defendant, whether by itself or through its servants, agents or privies, from according recognition to the 2nd Defendant or in any manner featuring or presenting the 2nd Defendant as a candidate sponsored to participate in the 2027 general election into the House of Representatives for Oju/Obi Federal Constituency, Benue State.
Accordingly, the summons also seeks to restrain the 2nd and 3rd Defendants, whether by themselves, their servants, agents, privies, members or associates, from parading the 2nd Defendant, representing him as, or permitting him to be represented as, a candidate eligible to participate, nominated or sponsored, or canvassing for votes in the 2027 general election into the House of Representatives for Oju/Obi Federal Constituency, Benue State.
The suit also seeks the court’s determination of the following questions:
Whether, upon a proper construction and interpretation of Sections 65(1) and (2), 221 and 228 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and Sections 29(1) and 84(1) and (2) of the Electoral Act 2026, the 3rd Defendant, being a registered political party seeking to nominate candidates for the 2027 general election into the House of Representatives for Oju/Obi Federal Constituency, Benue State, is entitled to nominate or sponsor the 2nd Defendant or any other candidate who was not a member of the party as at 8 May, 2026, without conducting valid and lawful primaries or congresses, with delegates voting for aspirants in designated centres as required by law.
Whether, upon a proper interpretation of the same constitutional and statutory provisions, the 1st Defendant is permitted to allow the 3rd Defendant to nominate, sponsor and field the 2nd Defendant as its candidate when the 3rd Defendant allegedly did not conduct valid and lawful primaries or congresses to nullify the consensus endorsement of the plaintiff.
The court further seeks to determine whether, upon a proper interpretation of the relevant constitutional and statutory provisions, the 2nd Defendant remains eligible and qualified to contest the 2027 general election for the House of Representatives seat representing Oju/Obi Federal Constituency, Benue State, when he was allegedly not duly nominated or sponsored by the 3rd Defendant as required by law.
It is, however, incumbent upon the Appeal Court to determine if an individual can cross carpet to a new political party to pick a nomination form to run for an election without regard to the constitutional requirements of the time allowed within which one has rights of members that qualify him or her to contest election under a political party.
