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| PDP & Labour Party Governorship candidates. |
The Peoples Democratic Party(PDP) faces a major legal uphill ahead of the 2023 General elections following the application of Labour Party to join a suit seeking the disqualification of all PDP candidates in Enugu from participating in the elections.
The
suit is seeking an order of perpetual injunction restraining the Independent
National Electoral Commission(INEC), the Peoples Democratic Party (PDP) from
fielding candidates for all positions available, including governorship,
senatorial, house of Representatives and House of Assembly in the state during
the 2023 General Elections.
The
suit, originally brought against PDP by the Action Democratic Alliance
Senatorial candidate for Enugu North Senatorial District, Comrade Chika
Emmanuel Idoko, and which was originally filed at the Federal High Court,
Abuja, has been transferred to the Federal High Court Enugu, has been slated
for hearing on November 24.
Labour
party’s Motion for joinder, according to court filings made on its behalf by
Messrs Chukwudei Igwe, Emeka Abba, Helen Ugwu, and Oluseyi Adegbejo, was
brought, brought pursuant to Order26 Rules 1 & 2, Order 9 rule 14 (2) (b)
of the Federal High Court of Nigeria(Civil Procedure) Rules 2019 and averred
that as a political party, Labour Party is an interested party in the suit,
being a political party with interest in the elections.
Listed
as respondents in the suit, No FHC/EN/CS/217/22 are the Independent National
Electoral Commission (INEC),the Peoples Democratic Party (PDP), the
governorship candidate of the PDP in the 2023 elections in the state, Peter
Mbah, Senatorial candidate of the party for Enugu North senatorial district,
Governor Ifeanyi Ugwuanyi, all Senatorial, House of Representatives and House
of Assembly candidates of the party in the state.
The
Labour Party, in the suit, is alleging that PDP violated provisions of the
Electoral Act, which prescribes a minimum number of days of notice before
conducting the party primaries that produced the candidates that it submitted
to INEC ahead of the 2023 elections, and thus should be by the Court from
taking part in the elections.
It
seeks a declaration that “by the interpretations of the express provisions of
Sections 82(5) and 84(13)of the Electoral Act, 2022, the failure of the 2nd
defendant to submit the register of members 30 days to the primary election to
the 1" defendant as statutorily required renders the 2nd defendant's
primary election for nomination of the 3rd to 38th Defendants as candidates for
Governorship, Senate, House of Representatives and House of Assembly in Enugu
State for the 2023 General Election held on 21st, 22nd, 24th and 23 and 25th
May 2022 invalid.
Section
82 of the Electoral Act states in part that “Every registered political party
shall give the Commission at least 21 days’ notice of any convention, congress,
conference or meeting convened for the purpose of “merger” and electing members
of its executive committees, other governing bodies or nominating candidates
for any of the elective offices specified under this Act. Failure to comply
with this Section, according to the Act, shall render the convention, congress,
conference or meeting invalid.
Other
prayers before the Court by the Plaintiffs include a “declaration that by the
interpretation of the express provisions of Section 84 (13) of the Electoral
Act, 2022, the 1"defendant is under a duty not to include the 3rd to 38th
defendants as Candidates of the 2nd defendant for Governorship, Senate, House
of Representatives and House of Assembly in Enugu State for the 2023 General Election.”
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