..declares venue of Imo PDP primaries valid
The Imo State Election Petitions Appeal Court Panel 2, sitting in Lagos has affirmed the victory of Emeka Chinedu of People’s Democratic Party, PDP as winner of House of Representatives seat election for Ahiazu Mbaise/Ezinihitte Federal Constituency election.
It also declared that the venue of the PDP, primaries were valid.
In their ruling, the Appeal Court Justices led by Justice Georgewill, agreed with the findings of the lower tribunal and struck out the appeals by Nnanna Igbokwe of All Progressive Congress, APC, and Labour Party, LP, candidate, Darlington Amaechi as lacking in merit.
The court held that the issues canvassed were not proved.
judgment resolves issue of venue PDP primaries, which is pre-election issue
The judgment also resolved the issue of venue of PDP primaries, which is purely pre-election issue that the Appeal Court lacks jurisdiction to entertain and was the basis upon which the APC and LP challenged the election of Chinedu.
On September 7, 2023, the tribunal for National and State Assembly for Imo State, which sat in Nassarawa State, declared Chinedu the rightful winner of the election for Ahiazu /Ezinifitte Mbaise Federal Constituency Seat.
It also determined that other political parties lacked the authority or locus standi to interfere in the internal affairs of their opposing party and that the issues of venue of primaries were purely pre election issues which the tribunal lacks the powers and jurisdiction to dabble into.
The arguments of citing another judgment delivered on PDP primaries by Supreme Court, the court held, had no connection or relationship with the eligibility of the respondents as the same Supreme Court have earlier affirmed the issue of the primary election of Chinedu and no other judgment can be imported to effect the legitimacy of his emergence plus the fact that the issues were now pre election issues which the Tribunal lacks jurisdiction to entertain.
READ ALSO: A’Ibom PDP Ask Court To Nullify Umoren’s REC Appointment
The issue of PDP primaries venue had been considered by the High Court, Appeal Court, and Supreme Court respectively, with Chinedu emerging victorious at all times, and Igbokwe of APC being deemed an interloper, who was attempting to interfere in the internal affairs of the PDP.
Chinedu and Ikeagwuonu Ugochinyere (Ikenga) representing Ideato North and South Federal Constituency of Imo State had their PDP primary election at same venue before the election.
The Federal High Court, Appeal and Supreme Courts also in a unanimous judgments affirmed Ugochinyere’s primary emergence and declared him eligible to contest the election, hence making any challenge against his emergence on the issue of pre election venue of primary baseless.
It was surprising that the first tribunal gave a conflicting judgment, which voided Ugochinyere’s election in a petition by a candidate, who came 3rd, got only 2000 votes and got only one polling unit out of 346 polling unit.
The candidate who had challenged Ugochinyere venue of primary at the Federal High Court and lost, including his LP counterpart, whose court case against Ugochinyere’s election was also dismissed.
This appeal decision has once again laid the issues to rest as done by many Appeal court including the supreme Court.
Centre shocked over conflicting judgments by same panel
Reacting, the Centre for Judicial Integrity Watch hailed the Appeal Court judgment as victory for democracy because the venue of PDP primaries and sponsorship were clear issues that Tribunal lacks jurisdiction to entertain.
The Centre expressed shock on the decision of the same appeal panel to refuse to uphold the other lawmaker’s election, Jonas Okeke, whose primary election held same venue with Chinedu and advised the court to avoid creating the impression of pick and chose on clear issues of law with abundant judicial precedent and constitutional provision.
