S’Court dismisses suit against Abia PDP primaries, fines claimants N2m

The Supreme Court on Wednesday February 15, 2023 dismissed the appeal filed by opposition parties seeking to nullify the Peoples Democratic Party Abia State primary election conducted last year which produced late Prof Ikonne as governorship candidate and other candidates of PDP Abia State.

The suit was with no FHC/UM/CS/62/22  and with Supreme Court appeal number SC/CV/143/2023 between Ndudi Nwagbara, Onyekachi Abaribe and five others vs Independent National Electoral Commission, PDP, Governor Ikpeazu, Prof. Ikonne and 35 others.

It commenced at the Federal High Court, Umuahia. 

The court dismissed the suit on the basis that the claimants who claimed to have bought forms to participate in the congress elections of the PDP Abia as delegates where not aspirants as described in the electoral Act 2022 and therefore lacked the locus Standi to bring the action.

The claimants filed an appeal at the Court of Appeal, Owerri, and in January 2023 the court of appeal upheld the judgement of the trial court and also ruled that they lack the locus Standi to bring the appeal at the Court of Appeal, Owerri.

The appelants (opposition) subsequently filed an appeal at the Supreme Court which ruled on Wednesday that the appeal ought not to have come to the Supreme Court which lacked the jurisdiction to entertain same.

The appelants’ lawyer, Chief Chukwuma Wachukwu Ume, SAN, was asked by the Supreme Court Justices of seven panel, led by Justice John Okoro, to withdraw the appeal which he did.

The  Supreme Court subsequently dismissed the appeal and awarded N2m in favour of the respondents which is to be paid personally by the learned SAN for filling a frivolous and vexatious appeal.

In a related development, the claimants also filed a motion seeking to substitute Chief Okey Ahaiwe with late Ikonne which was opposed in the sense that Ahiwe was not a product of the first PDP primary election that produced Prof Ikonne, but a product of a different primary election and stood on his own.

The implication of the judgement is that there is no legal impediment for any of the Governorship, Senatorial, House of Reps and House of Assembly candidates of the PDP.

Emeka Eze represented Chief Okey Ahiwe, Dr Livy Uzochukwu, SAN, for PDP; H Balogu for the Governor, Okey Amaechi, SAN, for Ikuku; Ukpai Ukairo for Senator Mao, Dr Hagler for Erondu Jnr and Others.