The Court of Appeal, Abuja Division on Wednesday struck out an appeal seeking disqualification of the presidential candidate of Labour Party (LP), Peter Obi from participating in the forthcoming general election.
A three-member panel of Justices of the Appellate Court, in a unanimous judgement, struck out the appeal marked CA/ABJ/CS/1424/2022, filed by Allied People Movement (APM) against the Independent National Electoral Commission (INEC), the Labour Party and its presidential candidate, Peter Obi for lacking in merit.
Justice Ogochukwu Ogakwu who delivered the judgement, held that “From the totally of evidence before the court, this appeal is devoid of merit, same failed and deserving of been struck out.
“This appeal is hereby struck out”, he said and awarded a cost of N200, 000 against the appellant in favour of the third and second respondent in the appeal.
In striking out the appeal, Justice Ogakwu held that the appellant could not prove that the respondents violated the Electoral Act, and added that, none of the issues raised by the appellant met the condition for disqualification of a candidate in an election.
He said the appellant did not make the list of members of the Labour Party available to the court and that the court is not supposed to look for evidence for the appellant.
He said for the appellant to have the legal right to institute the legal action, it has to show that INEC breached or violated the provisions of the Electoral Act, adding that the cause of action arose when the electoral body published the name of Peter Obi that was forwarded to it by the Labour Party as its presidential candidate.
According to Justice Ogakwu, “It is not the business of a political party to question how another political party nominates its candidate”.
The lower Court, he held was correct in its finding that the 3rd respondent (Obi) cannot be disqualified under Section 77(3) of the Electoral Act.
Justice James K. Omotosho of the Federal High Court in Abuja, had, in December last year dismissed a suit by the Allied People Movement (APM) which sought the disqualification of Peter Obi from contesting the presidential election under the platform of the Labour Party.
The party had prayed the court for an order of injunction restraining INEC from acting on, according recognition to, giving effect to, or in any way or manner, dealing with the name of Peter Obi as candidate of the Labour Party in the forthcoming presidential election.
In his judgment, Justice Omotosho dismissed the suit for failure of the plaintiff to provide sufficient evidence to grant the request.
The party, in an originating, summon had sought, among other reliefs, “a declaration that, in view of Section 131(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st defendant’s election time table and schedule of activities for the 2023 general election, the 1st defendant’s electoral guidelines for the conduct of 2023 political party primary elections and nomination of candidates for election, Sections 29(1), 77(2) and (3) of the Electoral Act, 2022, which mandate the 2nd defendant to maintain a register of its members in both hard and soft copy and make such register available to the 1st defendant, not later than 30 days before the date fixed for the party’s primaries, the 3rd defendant be disqualified from taking part in or otherwise contesting the 2023 presidential election fixed for February 25, 2023.
“That by the Provisions of Section 131 (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); the 1st defendant’s election timetable and schedule of activities for the 2023 general election, the 1st defendant’s electoral guidelines for the conduct of 2023 political party primary elections and nomination of candidates for elections, Sections 29(1), 77(2) and (3) of the Electoral Act, 2022 and the fact that the 3rd defendant became a registered member of the 2nd defendant less than 30 days to the party’s presidential primary election, which held on May 30, 2022, the 3rd defendant, herein, is disqualified and ineligible to contest the 2023 presidential elections as the candidate or flag bearer of the 2nd defendant.”
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