Court strikes out PDP’s suit seeking to disqualify APC NASS candidates in Rivers

A Federal High Court sitting in Port Harcourt, presided over by Justice Turaki Mohammed, on Wednesday struck out a suit by the Peoples Democratic Party (PDP) in Rivers State seeking to stop All Progressives Congress (APC) National Assembly candidates from contesting the 2023 general elections.

The PDP had filed a suit asking the court to direct the Independent National Electoral Commission (INEC) to delist APC in the ballot claiming that the congresses and primary that brought in the National Assembly candidates did not comply with the new Electoral Act.

But the presiding judge, Justice Mohammed in his judgment struck out the PDP suit against APC for lack of jurisdiction based on the doctrine of stare decision which means that the lower court cannot have anything to do on a matter that an Appellate Court had taken a decision on.

Justice Mohammed also based his judgment on the decision of the Port Harcourt division of the Court of Appeal on a judgment arising from his judgment in a similar matter and thereby struck out the PDP suit.

Addressing newsmen outside the courtroom, one of the Counsels to APC, Emenike Obete said judgment has given APC National Assembly candidates the power to campaign freely in any part of Rivers State and be ready for the 2023 general elections without any form of hindrance.

He said; “Before now, last week we had different judgments across various party divisions of Nigeria to the effect that a political party cannot sue another political party, prying into its primaries. Based on that we filed additional authorities and yesterday we got a text message from the court the judgment has been slated for today.

“In his judgment today he has to agree that he has no jurisdiction in the PDP case seeking to nullify our primaries and put us out of ballot. So by this case now, APC is free now to appear on the ballot, no more impediment as to the candidates or congress or whatever. APC is free now to go and campaign, campaign all over Rivers State. I want to tell everybody that APC is a political party that will contest the 2023 elections in Rivers State.

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Obete added; “This judgment today was delivered based on the decision of the court of appeal that you cannot rely on, you cannot have any succour under Section 285 (14 c) of the constitution of Nigeria 1999 as amended, wherein they relied on, to come to court and the court said no, that doesn’t give you that power. Internal democracy that section seeks to protect is not for another political party. It is for those who are aspirants, who participated in the primaries of the political party, they are the ones the constitution wants to protect so that they will not be rigged out in their primaries, not for another political party to pry into my bedroom to see how I’m running my affairs”.

On his part, the APC Candidate for Rivers West Senatorial District, Asita Honourable Asita commended the judge for respecting the law in his judgment which he said has given room for the to participate and win the People’s Democratic Party led by Governor Nyesom Wike who he accused of using Rivers resources to waste in court.

According to Asita; “By this decision, we have always held the view that the law does not impede our party in any way. We have always told our people that we are on the side of the law. I’m a lawyer in the first place so I understand, what the law says. But unfortunately, because the governor of Rivers State is the one who built the Federal High Court, he can bring any case here. So he brought us hoping that he would get a judgment. You saw the Supreme Court Judge that was here recently. He has been trying to intimidate us. But today, the same court he has been investing our monies in has come out with the true position of the law”.

“What happens in my party are the internal affairs of my party. PDP has no business in the internal affairs of APC but because corruption speaks louder than words PDP has dragged us here to waste our precious time, we have had to hire lawyers to defend us for no reason”.

He went on; “Well today, let me thank the judge for respecting the law the way it is. You recall that not too long ago another judge gave a rascal judgment against our party. We have gone on appeal and by the grace of God, that matter too will be set aside.

“But we that God that today, the position of the law is being espoused at the Federal High Court, the Court of Appeal and at the Supreme Court, that these are internal affairs of one political party and that another political party has no business.

“We have done what the law requires, we have conducted our primaries by indirect method, we elected delegates at a congress, in fact, our governorship primary was on live television.

“What is left now is to win them, since the court has said that they have no busy and they actually have no business. What the PDP has been campaigning with is that we are not going to be on the ballot, is that a campaign point?”