ENUGU—There is tension in Enugu State as the people await
judgement on who would fly Peoples Democratic Party’s flag
for the April 11 governorship election in the state. Senate
Ayogu Eze filed the case challenging the recognition of Ifeanyi
Ugwanyi as the candidate of the ruling party.
The case came up before Justice Evoh Chukwu of the Federal
High Court sitting in Abuja Tuesday for the determination but
Justice Chukwu deferred the judgement till Tuesday, February
24.
However, on Friday, Justice Chukwu again deferred the matter
till today. He did not adduce any reason the verdict which was
scheduled for delivery could not hold.
Eze had filed the suit before the court, saying he was the
rightful candidate, while Mr. Ifeanyi Ugwuanyi who is currently
enjoying the support of the national leadership of the party had
applied to be joined as an interested party in the matter.
In another suit, the court will also tomorrow, commence hearing
on the suit brought before it by Chief. Samuel Maduka Onyishi,
owner of Peace Mass Transit seeking an outright cancellation
of the December 8 primaries of the PDP in Enugu.
Onyishi is seeking outright cancellation for being in breach of
Section 87(4)(b)(I) of the Electoral Act, 2010. However, as a
result of the development, top officials of nugu State
government have literally relocated to Abuja in anticipation of
the court judgement. Senator Eze lodged the suit challenging
Ugwuanyi as the authentic candidate but the latter
subsequently applied and was joined as an interested party in
the matter.
The duo are laying claims to the governorship ticket of the PDP
in Enugu State, having emerged from two parallel primary
elections that held in the state. Both the plaintiff who argued
through his lawyer Mr. Yusuf Ali, SAN, and Ugwuanyi who was
represented by his lawyer, Mr. Patrick Ikwueto, SAN, insisted
before the court that the primary elections that produced them
were duly monitored by officials of the Independent National
Electoral Commission, INEC.
Joined as defendants in the suit were the PDP, its National
Chairman, Mr. Adamu Mu’azu, and INEC. Justice Chukwu
adjourned the case for judgment after all the parties in the
matter exchanged and adopted their written arguments.,
Eze had in his suit, number FHC/ABJ/CS/2014, prayed the
court to restrain ‘’the PDP, the National Working Committee,
NWC, and INEC, by themselves, agents, officers, officials,
privies or representatives and other person whatsoever,
deriving authority from them from submitting, forwarding or
sending the names of any other person other than himself, as
their duly elected governorship candidate for 2015
governorship election in Enugu State, pending the final
determination of the substantive case.”
He also asked for an order restraining INEC, its agents, privies,
or representatives from recognising, accepting or giving effect
to the name of any other person other than himself as the
governorship candidate of the the PDP and the National
Working Committee, NWC, of the party for Enugu State
governorship election in 2015.
He told the court that PDP had conducted ward congresses in
Enugu State on November 1, 2014 ,as a result of which a list of
delegates for the conduct of primary election for the
governorship candidate of the party emerged consisting of
names of the elected delegates. According to him, the list was
sanctioned and authenticated by the Federal High Court,
Abuja, in suit number FHC/ABJ/CS/816/2014, which
judgement was delivered on November 24, 2014.
Eze contended that he emerged as the governorship candidate
of the party based on the correct delegates list sanctioned by
the same court, adding, however, that the defendants were
bent on sending another person other than his name to INEC
as their chosen governorship candidate for the said 2015
election.
“If the defendants were not restrained from doing so, pending
the the determination of of this case, the judgement of the court
will be rendered nugatory,” he pleaded.
He further urged the court to, among other things, determine
“whether having regard to the provisions of the 1999
Constitution as amended, Sections 85 to 87 of the Electoral
Act 2011 as amended, the electoral guidelines for primary
elections 2014, the defendants could jettison, set aside, refuse
to use or in any other manner ignore the result of the ward
congresses held on November 1, 2014, where ad-hoc
delegates from the 260 wards of Enugu State were elected in
the conduct of the primary elections to elect the governorship
candidate of the PDP for the general elections in 2015.3
Meanwhile, arguing through its lawyer, Dr. Onyechi Ikpeazu,
SAN, PDP and its chairman challenged the jurisdiction of the
court to entertain the suit which they said was within the
purview of a domestic affair of a political party. The 1st and 2nd
defendant told the court that the plaintiff emerged through a
kangaroo primary election which they said was not certified by
the National Working Committee, NWC, of the party.
“The court only upheld the list of those that emerged from the
November 1 delegates election, it did not make an order that
the list must be used,” PDP argued.
www.vanguardngr.com/2015/03/enugu-pdp-gov-race-court-to-deliver-judgment-today/