By Vivian Okejeme Abuja
The Abuja Division of Court of Appeal, has struck out an appeal by the Allied Peoples Movement(APM), seeking the disqualification of Peter Obi, the presidential candidate of the Labour Party(LP) in the forthcoming general elections.
Respondents in the appeal are the Independent National Electoral Commission (1st), Labour Party (2nd), and its Presidential candidate, Peter Obi (3rd).
A three-man panel of the appellate court led by Justice Monica Dongben-sen, in it’s judgement, unanimously struck out the appeal for lacking in merit.
The appeal court in its wisdom held that the lower court was right and strike out the matter for lack of locus standi.
Reading the judgement, Justice Ugochukwu Anthony said, “From the totality of processes and submissions before this court, this appeal is devoid of merit, it fails and the deserving order to make is an order striking it out.
The court also awarded a cost against the appellants for filing the appeal.
“The Appellant is to pay cost of N200,000 in favour of each of the 2nd and 3rd respondents, the panel ordered.”
The appellant had contended that 3rd respondent was not qualified by the circumstance of his emergence as candidate of the Labour Party (LP).
The 1st respondent In suit marked: CA/ABJ/CV/1414/2022I is Independent National Electoral Commission( INEC) , 2nd is labour party while Peter Obi, the presidential candidate of the labour party (LP) is the 3rd respondent while the appellant is Allied Peoples Movement (APM).
A Federal High Court sitting in Abuja, dismissed a suit seeking disqualification of Labour Party (LP) presidential candidate, Peter Obi.
The plaintiff, Allied Peoples Movement (APM), had approached the trial court for an injunction restraining the 1st defendant from acting on, according recognition to, giving effect to, or in any way or manner, dealing with the name of the 3rd defendant as candidate of the 2nd defendant in the forthcoming 2023 presidential election.
In his judgment, Justice James K. Omotosho dismissed the suit for failure of the plaintiff to provide sufficient evidence to grant the request.
The plaintiff, in an originating, summon had sought, among other reliefs, “a declaration that, in view of Section 131(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st defendant’s election time table and schedule of activities for the 2023 general election, the 1st defendant’s electoral guidelines for the conduct of 2023 political party primary elections and nomination of candidates for election, Sections 29(1), 77(2) and (3) of the Electoral Act, 2022, which mandate the 2nd defendant to maintain a register of its members in both hard and soft copy and make such register available to the 1st defendant, not later than 30 days before the date fixed for the party’s primaries, the 3rd defendant be disqualified from taking part in or otherwise contesting the 2023 presidential election fixed for February 25, 2023.
“Provisions of Section 131 (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); the 1st defendant’s election timetable and schedule of activities for the 2023 general election, the 1st defendant’s electoral guidelines for the conduct of 2023 political party primary elections and nomination of candidates for elections, Sections 29(1), 77(2) and (3) of the Electoral Act, 2022 and the fact that the 3rd defendant became a registered member of the 2nd defendant less than 30 days to the party’s presidential primary election, which held on May 30, 2022, the 3rd defendant, herein, is disqualified and ineligible to contest the 2023 presidential elections as the candidate or flag bearer of the 2nd defendant.”
Dissatisfied with the judgment the party headed to the appeal court to pursue its cause.
