The Federal High Court of Nigeria in Abuja has dismissed the suit that sought to sack senators Andy Ubah and Stella Oduah from the National Assembly.
The Federal High Court, in a judgment by Justice Ademola Adeniyi dismissed as lacking in merit, the suit that was lodged by Mr. Annie Okwonkwo, Chris Ubah and 42 others.
The plaintiffs had through their counsel, Chief Asam Asam, SAN, gone to court with a view to invalidating the nomination process that led to the emergence of Ubah, Oduah and others.
Cited as defendants in the matter were the Independent National Electoral Commission, INEC;Peoples Democratic Party, PDP; Ubah, Oduah and 15 lawmakers in the National Assembly and Anambra State House of Assembly.
While deciding the case yesterday, Justice Ademola noted that the plaintiffs’ claim was that they were the rightfully nominated candidate of the PDP in the National and State House of Assembly elections that held in March and April, 2015.
The court however observed that the plaintiffs emerged through a primary election that was sanctioned by the state executives of the PDP in Anambra.
Justice Adeniyi further made reference to judgments the Supreme Court delivered on January 29 and February 24, 2016, where it held that the state organ of the party has no power under the constitution of the party and the Electoral Act to nominate candidates for the purpose of general election.
The trial judge stressed that since the Supreme Court has made the clarification through an order, such order must be obeyed by persons and statutory bodies.
“It is settled law that the State Executive Committee organ of a political party lacks power to nominate candidates for an election. It is only the primary election conducted by the National Executive Committee of a party, that is valid to be submitted to INEC for the purpose of an election and no other arm.”
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