There is palpable tension and anxiety in the ruling Peoples Democratic Party, PDP, in Abia State as the Court of Appeal sitting in Owerri, has reserved judgement on the appeal by one of the party’s governorship aspirants, Hon. Sampson Orji, seeking the disqualification of the party’s governorship candidate, Professor Uche Ikonne, on the grounds that he did not emerge through due process.
Orji, a former Commissioner in the state had challenged Ikonne’s emergence at the Federal High Court sitting in Umuahia, arguing that the ad-hoc delegates’ list with which the purported primary was conducted was doctored insisting that PDP did not hold any delegates’ congress in the state.
His suit marked FHC/UM/CS/111/2022 was, however, dismissed by Justice Evelyn Anyadike of the Umuahia Federal High Court on November 30, but dissatisfied with the judgement, he proceeded to the Court of Appeal Owerri on December 7, 2022.
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Unease in Abia PDP over guber ticket legal tussle
January 17, 2023
.Presidential campaign flag-off
By Steve Oko
There is palpable tension and anxiety in the ruling Peoples Democratic Party, PDP, in Abia State as the Court of Appeal sitting in Owerri, has reserved judgement on the appeal by one of the party’s governorship aspirants, Hon. Sampson Orji, seeking the disqualification of the party’s governorship candidate, Professor Uche Ikonne, on the grounds that he did not emerge through due process.
Orji, a former Commissioner in the state had challenged Ikonne’s emergence at the Federal High Court sitting in Umuahia, arguing that the ad-hoc delegates’ list with which the purported primary was conducted was doctored insisting that PDP did not hold any delegates’ congress in the state.
His suit marked FHC/UM/CS/111/2022 was, however, dismissed by Justice Evelyn Anyadike of the Umuahia Federal High Court on November 30, but dissatisfied with the judgement, he proceeded to the Court of Appeal Owerri on December 7, 2022.
The Appellate court last week, reserved judgement for a date to be communicated to all parties.
Meanwhile, a group known as Concerned Lawyers for Advancement of Democracy, has disagreed with the judgement of the Federal High Court Umuahia, dismissing it as “a miscarriage of justice.”
The group led by Thomas Ikechukwu Iko, Esq, disagreed with the position of the judge that the alleged non-physical presence of the Appellant at the venue of the primary amounted to withdrawing from the race.
It rather argued that “Orji proved beyond reasonable doubt that he participated in the election which earned him some votes as published by PDP.”
The group, in a press statement, maintained that “the judgment as delivered by Justice Anyadike has impacted negatively on the democratic tenet because it is hard to reconcile the evidence made available to the judge and the judgment that was delivered.”
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Unease in Abia PDP over guber ticket legal tussle
January 17, 2023
.Presidential campaign flag-off
By Steve Oko
There is palpable tension and anxiety in the ruling Peoples Democratic Party, PDP, in Abia State as the Court of Appeal sitting in Owerri, has reserved judgement on the appeal by one of the party’s governorship aspirants, Hon. Sampson Orji, seeking the disqualification of the party’s governorship candidate, Professor Uche Ikonne, on the grounds that he did not emerge through due process.
Orji, a former Commissioner in the state had challenged Ikonne’s emergence at the Federal High Court sitting in Umuahia, arguing that the ad-hoc delegates’ list with which the purported primary was conducted was doctored insisting that PDP did not hold any delegates’ congress in the state.
His suit marked FHC/UM/CS/111/2022 was, however, dismissed by Justice Evelyn Anyadike of the Umuahia Federal High Court on November 30, but dissatisfied with the judgement, he proceeded to the Court of Appeal Owerri on December 7, 2022.
The Appellate court last week, reserved judgement for a date to be communicated to all parties.
Meanwhile, a group known as Concerned Lawyers for Advancement of Democracy, has disagreed with the judgement of the Federal High Court Umuahia, dismissing it as “a miscarriage of justice.”
The group led by Thomas Ikechukwu Iko, Esq, disagreed with the position of the judge that the alleged non-physical presence of the Appellant at the venue of the primary amounted to withdrawing from the race.
It rather argued that “Orji proved beyond reasonable doubt that he participated in the election which earned him some votes as published by PDP.”
The group, in a press statement, maintained that “the judgment as delivered by Justice Anyadike has impacted negatively on the democratic tenet because it is hard to reconcile the evidence made available to the judge and the judgment that was delivered.”
Concerned Lawyers for Advancement of Democracy, further argued that the Electoral Act spelt out the process of withdrawing from party primary election, adding that “being absent is not one of them despite the fact that the plaintiff was never absent.”
According to the lawyers, the only way to withdraw from an election primary is through writing a withdrawal letter and submitting to the party “which the Appellant never did.”
It wondered what must have influenced the trial court to arrive at the judgement it delivered.
“What is worrisome is that the Judge neglected petitions brought before him in the contestation of the primary election which was marred by irregularities and cannot produce a credible result”.
It accused the PDP of encouraging impunity and a lack of internal democracy while calling on the judiciary to save Nigeria’s democracy from the rascality of politicians.
The group further urged the judiciary to help restore public confidence in courts as the last hope of the common man, arguing that travesty of justice fertilises bad governance.
Meanwhile, Orji, in his appeal through his Counsel, Rilwan Idris, urged the Appellate court to set aside the Umuahia Federal High Court judgement.
He, also, sought an order dismissing the motion on notice by the first and second Respondents (PDP, and Ikonne) for an extension of time in respect to their counter affidavits to the originating summons dated September 26, 2022, and filed September 28.
The ex-lawmaker in the appeal sighted by Vanguard also sought “an order pursuant to Section 15 of the Court of Appeal Act, CAP. C36, Laws of the Federation of Nigeria, 2004, granting the reliefs sought in the Appellant’s originating summons filed on June 7, 2022.”
Orji, in his grounds of appeal, argued that the trial court erred in judgement when it held that:”the lone issue is whether this Honourable court has the power to grant the Defendants extension of time with which to file their preliminary objections and counter-affidavits to the originating summons considering the circumstances of this case”.
He faulted the decision of the court on the grounds that “the subject matter of the suit is a pre-election matter, and the court lacks the jurisdiction to make an order of extension of time.”
Orji further contended that “the principle of law established in the case of CHINDA Vs INEC (2019), which is binding on the trial court is to the effect that the court does not have the powers to order extension of time in pre-election matters”.
He also argued that the trial court erred in law when it held that he failed to exhibit any document in proof of his protest to the Electoral Panel of the PDP against the exclusion of statutory delegates and the use of an invalid list of ad-hoc delegates during the primary election.
The former Leader of Abia State House of Assembly said his protest against the exclusion of statutory delegates from voting at the primary started at the venue of the primary on May 25, 2022, adding that he followed it up with protest letters dated May 26, and 29 respectively.
He faulted the trial court for holding that besides having been screened and cleared for the primary, he failed to show that he “actually and physically” participated in the exercise by being present at the venue of the primary.
Orji said he never at any time withdrew from the governorship race, challenging anyone with proof of his withdrawal or resignation letter as required by the Electoral Act to show proof.
The former Commissioner for Industry also said that the trial court erred when it held that the third defendant ( the Independent National Electoral Commission), was duly notified of the PDP congress; and further faulted the court’s position that it was only INEC that could complain on whether or not the notice met the mandatory 21 days required by law.
The trial court had declared that:”The plaintiff not being the third defendant whose duty it lies to monitor same cannot be heard to complain”.
Orji argued that “the issuance of a proper notice for the conduct of a party congress is a mandatory and statutory requirement of the Electoral Act”, maintaining that failure to comply with the clause, amounts to non-compliance with the entire Act.
He insisted that being a party affected by the conduct of the primary, he had the right to complain.
Orji, further on the grounds of his appeal, disagreed with the trial court that he failed to state what number of delegates constituted a quorum, saying that affidavits in his originating summons clearly established that the quorum was not formed.
He also disagreed with the trial court that he contradicted himself on the total number of statutory delegates to the primary, arguing that Exhibit marked ” SCOURJ 2″, and not “exhibit 1” was a copy of a list of 2,200 statutory delegates.
The aspirant further said that “PDP is not a public authority and that exhibit SCOURJ 2 , and (not exhibit 1 relied upon by the court), was not made by a public body to require the mandatory certification of the document before it could be admissible.”
He averred that he had clearly established by probable evidence that the total number of votes returned was less than one-third of the number of statutory delegates at the primary.
Meanwhile, the rumour over the health status of the PDP governorship flag bearer who has been out of circulation for some time now has been generating serious concern among stakeholders and the party faithful.
