₦airaland Forum

The Peoples Democratic Party (PDP) has suffered another setback in its legal battle to get the All Progressives Congress (APC) and its Governorship candidate, Patrick Tonye Cole disqualified from the 2023 gubernatorial election in Rivers State.


Justice Inyang Edem Ekwo of the Federal High Court in Abuja dismissed PDP’s suit instituted against the Independent National Electoral Commission (INEC), APC and Cole for want of diligent prosecution.

In the suit marked FHC/ABJ/CS/1902/2022, PDP had asked the Federal High Court for an order setting aside the October 4, 2022 publication of names of Cole and APC from the list of eligible candidates for Rivers State gubernatorial election.


The party also sought another order prohibiting Cole and APC from parading or holding themselves out as eligible candidates for the March 11 Governorship election.


PDP claimed in the suit that the APC breached sections 285 (9) of the 1999 Constitution and 30, 32 and 73 of the Electoral Act 2022 by submitting the nomination form of Tonye Cole manually as against uploading through the online Nomination Portal of INEC as prescribed by law.

On the grounds of the alleged infraction of the Constitution and the Electoral Act, PDP demanded that both APC and its Governorship candidate be kicked out of the election in the interest of justice and fairness.


However, when the suit was called, neither the PDP nor its counsel was in court to argue the case and no information or excuse was offered for the absence.

Justice Ekwo while checking the case file discovered that PDP and its team of lawyers have been absent from court three times without any explanation.

The Judge said he deemed that PDP has opted to abandon the matter and that there was no compelling reason to allow the suit to drag any further.

Justice Ekwo subsequently dismissed the suit in its entirety.

The Court of Appeal sitting in Port Harcourt on Friday set aside a judgement of the Federal High Court which disqualified the Governorship candidate of the All Progressives Congress in Rivers State, Tonye Cole over alleged dual citizenship and non-compliance with the Electoral Act.


The APC and the Independent National Electoral Commission were also parties in the suit which was filed at the High Court by the Peoples Democratic Party.

The Court of Appeal described the PDP as a “meddlesome interloper”.

The three-man panel of appeal in a unanimous judgment said the PDP lacks the locus standi to challenge the APC, its Governorship Candidate and INEC on the conduct of the congresses and primary elections which brought in Cole as the candidate.


On the issue of dual citizenship, the Appeal Court in the judgment read by Justice Olabode Adegbehingbe on behalf of Justice Joseph Ikyegh ruled that the PDP lacks the legal right to drag INEC to court in a pre-election matter.

The panel said the Supreme Court’s decision on the issue of citizenship regarding electoral matters is final.

Speaking to journalists outside the court, Counsel to the APC, Chimenem Jerome described the judgement as “a watershed in political jurisprudence”.

Rivers State governor, Nyesom Wike, has taken on Uche Secondus, the former National Chairman of the Peoples Democratic Party (PDP), who claimed that he is his benefactor, and said it is a lie.

POLITICS NIGERIA reports that speaking on Friday at the Eneka Road Roundabout, the venue of the flag-off ceremony for the construction of Eneka -Igbo Etche Road dualisation project, Wike stated that at no point in his political career did Secondus sponsor him to any political office except that he accompanied him on some lobbying trips.

The Rivers governor insisted that he is rather the benefactor to Secondus because against fierce opposition and rejection from the likes of Sule Lamido, Austin Opara, Abiye Sekibo, Celestine Omehia, and Lee Maeba, he sponsored him to become the national chairman of PDP and removed him later when he wanted to make his nephew governor of Rivers State.

“You wanted to be national chairman first to impose your nephew or your cousin as you may call him to become governorship candidate of PDP in Rivers State. I said not here, it won’t work. We had to kick out first and we did, and you are out,” Wike said.

Wike listed Pastor Paulinus Nsirim, Senator John Mbata and the Dr. Odili’s families as sponsors at various times of his political dreams.

Furthermore, the governor stated that Secondus was awarded several contracts worth about N50 billion in Rivers State and had been paid a total sum of N43.9 billion, but he has never completed any of the projects and can also not account for money received.

Rivers State Governor Nyesom Wike has dared the Peoples Democratic Party, PDP, to expel him and face the consequences.

Wike threw down the gauntlet while he was flagging off a new road in Rivers State.

He said: “In 2003 when President Olusegun Obasanjo wanted to run for a second tenure―a whole president wanted to run for a second tenure―he knelt down before his vice and said, ‘my vice, please, allow me to run.’

“You know one of the conditions he gave him? That Tony Anenih must be sacked as the Minister of Works and that Tony Anenih must not be in the presidential campaign council. Obasanjo obliged and sacked Tony Anenih as the Minister of Works and removed him from the presidential campaign council. This is a president,[and] his own vice giving him condition; a retired General knelt down and was given conditions.


“We (G5) are not even doing that; we are not saying sack this one; we are only saying that the constitution of our party must be respected based on what the national chairman said and based on what you told me in my house.”

The governor then dared the Peoples Democratic Party, PDP, to expel him from the party, saying “try and see how you will survive it.”

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Rivers State Governor, Nyesom Ezenwo Wike, on Saturday said other parties especially the All Progressives Congress (APC) to avoid wasting money for electioneering in the State, saying that the Peoples Democratic Party (PDP) was the only party to beat in next year’s general elections.

Wike spoke during the State Honours and Awards ceremony held at the Banquet Hall, Government House in Port Harcourt, the State capital.

“Lawyer, you must make money but here don’t worry yourself; nobody would win here,” he said during the event, urging opposition parties not to waste their resources campaigning in the State.

The governor specifically passed the message to APC chieftains present at the event, which include the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN; Governor Dave Umahim of Ebonyi State, and his Kogi State counterpart, Yahaya Bello, who were part of the awardees.


“I told David Umahi, Governor of Kogi and Abubakar Malami when they came to visit me, ‘Don’t put money here it won’t work; it is a no-go area’,” Wike boasted.

According to the Rivers State governor, his government already has a successor and his choice was based on the good works of his administration.


“In my state, we know who is going to be my successor. I want to advise you if you are spending money on anybody, stop!

“Here, we have a successor. It is not by my power but by what we have done in this state. It is not that I want to impose a successor. It is not true. Bring a successor and tell people why you want to bring a successor,” Wike said.

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