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Federal High Court in Abakaliki, the Ebonyi State capital, has struck
out a suit seeking to invalidate the November 1, 2014 congress of the
Peoples Democratic Party leading to the party’s primary that produced
Governor Dave Umahi as its candidate for the April 11 governorship
election in Ebonyi State.
Umahi had thereafter won the election on the platform of the PDP and sworn in as the governor of the state.
But a former Minister of Health, Prof.
Onyebuchi Chukwu, had approached Justice Maureen Oyetenu, challenging
the PDP congress and the primary that Umahi won.
Chukwu, who claimed that the PDP’s
governorship primary in Ebonyi State conducted on November 8, 2014 did
not comply with the Electoral Act, had prayed the court to declare
Umahi’s emergence as the PDP governorship candidate for the state as
null and void.
In a judgment on Tuesday, however,
Oyetenu struck out Chukwu’s suit, holding that the failure of the former
Health minister to participate in the said primary robbed him of the
locus standi to challenge the legality of same.
The judge, however, faulted the argument
of Umahi’s counsel, Chief Offordile Okafor (SAN), that the court lacked
jurisdiction to entertain the suit.
According to the judge, the court was
competent to entertain complaints from a party’s primary conducted in
breach of due process.
Responding to the court’s verdict, Okafor said it was victory for democracy.
However, the counsel who appeared for
Chukwu in court on Tuesday, Nnaemeka Ajiukwu, said his client was going
to appeal the judgment.
Ajiukwu,
who held the brief of Chukwu’s lead counsel, Chief Awa Kalu(SAN), said,
‘’The judge has done her best at this stage but we will go higher; we
will appeal the judgment because our client’s forms passed through
screening. He properly aspired for the governorship primary until he was
muscled out of the race.”
But addressing journalists after the
judgment, Umahi, who spoke through the state’s Commissioner for
Information, Dr. Emmanuel Onwe, said the people of the state were
delighted with the judgment, saying the will of the people had
prevailed.
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