A Federal High Court sitting in Abuja has nullified all the primary elections that produced the candidates of the People’s Democratic Party (PDP) for the 2023 general elections in Ebonyi State and ordered fresh primaries within 14 days.
The order was given on Wednesday, in a judgment delivered by Justice Binta Nyako, in suit no. FHC/ABJ/CS/1696/2022 brought before it by the Chairman of PDP in Ebonyi State, Mr Tochukwu Okorie against the party and the Independent National Electoral Commission(INEC).
The Court also restrained the INEC, from further recognition of any candidate of the People’s Democratic Party, that emerged from the primaries conducted on the 28th and 29th of May, 2022, by Joseph Silas Onu, as the Chairman of the Party in the State, in utter disregard of the Orders of the Court.
The Court further ordered the INEC, to monitor the fresh primaries, to be conducted by the People’s Democratic Party(PDP), for its candidates for the State House of Assembly, National Assembly and Governorship elections, in Ebonyi State, for the 2023 general elections.
Recall that prior to the Primary elections of the PDP in Ebonyi State, Tochukwu Okorie and Silas Onu were laying claims to the Chairmanship position of the party in Ebonyi State, which led to the factionalization of the party in the State.
Part of the Court judgement which was obtained by The Trumpet on Thursday reads: “that the acts of execution of the Judgment of the Federal High Court, in Suit No.FHC/ABJ/CS/1319/2021 delivered by His lordship, Honourable Justice A.R. Mohammed on the 13 days of April 2022, by the defendants, on the 2, 5, 7,13, 28 and 29 of May 2022, by convening a state congress in Ebonyi State,
on the 28 and 29th of May, 2022 at the instance of Joseph Silas Onu, as the Chairman of Peoples Democratic Party, Ebony State, against the Orders of the Court of Appeal, made on the 23 days of May 2022, at the Court of Appeal Abuja Division in Appeal No. CA/ABJ/CV/444/2022, staying the execution of the judgment of the Federal High Court, contravenes the provisions of Section 287(2) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), and therefore unconstitutional, null, void and of no effect whatsoever.
“That the executive and administrative conducts of the Independent National Electoral Commission, by monitoring and issuing reports and recognizing the state congress convened on the 28 and 29th of May, 2022, by Joseph Silas Onu, acting as the Chairman of Peoples Democratic Party, Ebonyi State, in utter disregard of the Order of the Court of Appeal, made on the 23 days of May, 2022 in Appeal No.: CA/ABJ/CV/444/2022, pursuant to the letters written by the People’s Democratic Party, is inconsistent with the provisions of Section 282(2) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended), and therefore null and void and of no effect whatsoever.
“That the Ebonyi State congress and every other business conducted therein, convened by Joseph Silas Onu, as the Chairman of Peoples Democratic Party, on the 28 and 29 days of May 2022 and monitored by the Independent National Electoral Commission, pursuant to the letters by the People’s Democratic Party, dated the 2nd 5 and 7 days of May 2022 addressed to Joseph Silas Onu, as the Chairman of Peoples Democratic Party, Ebonyi State Chapter, and the letter dated 13 of May 2022, addressed to the Chairman, Independent National Electoral Commission, in defiance of a subsisting motion for stay of execution of the Judgment of the Federal High Court in Suit No. FHC/ABJ/CS/1319/2031,
at the Court of Appeal at the said time, and the eventual Orders of the Court of Appeal made on the 23 days of May 2022. in Appeal No. CA/ABJ/CV/444/2022, staying the execution of the judgment of the Federal High Court, contrary to the provisions of Section 287(2) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), is illegal, and unlawful. unconstitutional, invalid, null, void and of no effect whatsoever.
“That an order is hereby made cancelling, invalidating, nullifying, and setting aside in its entirety, the State Congress of the People’s Democratic party, convened by Joseph Silas Onu, as the Chairman of the People’s Democratic party, Ebonyi State Chapter, and the letter dated 13 of May 2022, addressed to the Party, dated the 5 and 7 days of May 2022, addressed to Joseph Sila Onu, the Chairman of the People’s Democratic Party,
Ebonyi State Chapter, and the letter dated 13 of May 2022, addressed to the Chairman Independent National Electoral Commission, in furtherance of the execution of the judgment of the Federal High Court in Suit No.: FHC/ABJ/CS/1319/2021 during the pendency of the motion for stay of execution, at the Court of Appeal, and after the orders of the Court of Appeal staying the execution of the judgment of the Federal High Court in Appeal No.: A/ABJ/CV/444/2022, and every other business conducted in the said Ebonyi State Congress of the 28th and 290 of May 2022, including the primary elections held therein.
Read Also: Accord party storms Uyo, warns youths against vote buying
“That an order is hereby made directing the People’s Democratic party, to conduct a fresh State Congress in Ebonyi State, for the election of its candidates for the State House of Assembly, National Assembly and Governorship elections, in Ebonyi State, for the 2023 general elections within 14 days, from the date of the delivery of the judgment of the Court.
“That an order is hereby made directing the Independent National Electoral Commission, to monitor the fresh state congresses, to be conducted by the People’s Democratic Party, for the election of its candidates for the State House of Assembly, National Assembly and Governorship elections, in Ebonyi State, for the 2023 general elections, an ordered by this court.
“That an order is hereby made restraining the Independent National Electoral Commission, from further. recognition of any candidate of the People’s Democratic Party, that emerged from the Ebony State) Congress, held on the 28th and 20th of May, 2022 convened by Joseph Silan Onu, the Chairman of the Party in Ebonyi State, in utter disregard of the Orders of the Court of Appeal made in Appeal No.: CA/ABJ/CV/444/2022, contrary to the provisions of Section 28712) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).”
Follow The Trumpet on all our social media platforms for more updates:
