A state high court sitting in Aba Abia State has reversed itself in its earlier order which recognized the three-man Adhoc delegates list which produced former ABSU Vice-Chancellor, Prof Uche Ikonne as the Peoples Democratic Party PDP governorship candidate on May 25.
This follows a suit filed by one Akuoma Friday on May 16, urging the court to vacate its order.
According to the court presided over by Justice C.U. Okoroafor, it erred to have granted such order ab initio, stating that the new National Judicial Council guideline strips it of the jurisdiction to entertain such matter.
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Ikonne, believed to be Gov. Ikpeazu’s anointed candidate emerged after the court issued an order on May 17, declaring that only the 3-man Adhoc delegates list be used for the purpose of electing the party’s governorship candidate.
The pre-convention order read in part, “The PDP, PDP Chairman, Iyorchia Ayu; PDP Abia State Chairman, Allwell Okere, PDP national organising Secretary, and INEC (1st to 5th defendants), their agents, privies, and employees howsoever described are hereby restrained in the interim from using, adopting or relying on any other list apart from the three-man Adhoc list annexed herein as Exhibit ‘D’ as that has the name of the Claimant based on the Adhoc election congresses or election of the 1st defendant (PDP) held on 6th May 2022 pending hearing and determination of the motion of notice.”
The court had also barred the INEC from “recognising and monitoring any primaries by the 1st defendant (PDP) sought to be conducted with any other delegates list from the 1st defendant (PDP) other than the three-man Adhoc delegates list annexed hereto as Exhibit ‘D’ which contains the name of the Applicant as one of the three-man Adhoc delegates congresses or election held in Abia State on 6th May 2022 pending the hearing and determination of the substantive suit.”
In a ruling on Wednesday, the court granted the prayer of Akuoma Friday and vacated its order.
The NJC, in a bid to limit the multiplicity of political matters involving INEC, had on May 11 stated that “All suits to which these Policy Directions apply shall be filed, received, or entertained only at the High Court of the Federal Capital Territory in so far as the relief sought, or potential consequential order (s) or declaration (s) may restrain or compel persons or actions beyond the territorial jurisdiction of any one State;”
A chieftain of PDP who did not want to be mentioned said that the latest development was a danger signal for the party.
He said that the party had been thrown into confusion because of the desperation of some persons to have their way not minding the illegality of their actions.
“So the order now subsisting is that of the federal high court which ruled that the 3 -man delegates election did not hold.
” So anything done based on an order by a court without jurisdiction is a nullity. What do we do to salvage the situation, if any; that’s the question now”.
But when contacted, the Acting Publicity Secretary of the PDP, cum the Vice Chairman, Abia North, Elder Amah Abraham, said the party would issue official statement on the matter by Saturday.
