A Federal High Court sitting in Enugu has struck out the suit seeking the disqualification of all candidates of the Peoples Democratic Party (PDP) in Enugu State from taking part in the 2023 elections.
The case was instituted by the Enugu North Senatorial district candidate of the African Democratic Congress (ADC), Chika Idoko.
In the suit No: FHC/EN/CS/217/2022, Idoko dragged the Independent National Electoral Commission (INEC), the PDP, and all its candidates in Enugu State to the court.
According to him, the PDP primary election was in contravention of Section 77 of the Electoral Act and should thus be voided, adding that the party should be punished in line with extant provisions of the Section 84 of the same Act.
However, the defendants, including the PDP, its guber candidate, Barr. Peter Mbah, National and State Assembly candidates, argued that Idoko being a member of the ADC lacked the locus standi to file the matter.
They also argued that it was also statute-barred, as according to them the matter was filed out of time.
In her judgement on Friday, the presiding judge, Justice Folashade Giwa-Ogunbanjo, said 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.
The judge however stated that the appellant lacked the locus standi to institute the matter because he was not an aspirant or a member of the second respondent(PDP).
Justice Ohunbanjo therefore struck out the suit, saying “This court lacks jurisdiction to hear the originating summons because it will be an exercise in futility.”
