A Federal High Court, sitting in Abuja, on Wednesday, declared null and void the primary elections of the People’s Democratic Party (PDP), in Ebonyi State, which produced candidates for the State House of Assembly, National Assembly, and Governorship ahead of the state’s 2023 elections.
Justice Binta Nyako ordered the state’s chapter of the PDP to hold a new state Congress within 14 days to elect its candidates.
Justice Nyarko also directed the Independent National Electoral Commission (INEC) to monitor the new state congresses to be held by the PDP in preparation for the election.
The decision followed a suit filed by Mr. Okoroafor Tochukwu Okorie against the PDP and INEC, with the case number FHC/ABJ/CS/1319/2021.
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The court agreed with the Plaintiff’s counsel, Okoro Mkemakolam, that the cancelled PDP primary in Ebonyi was held in violation of the Court of Appeal’s order, staying the execution of the judgment of the Federal High Court sitting in Abuja, which had declared Joseph Sila Onu as the party’s Ebonyi State Chairman.
Recall that Justice Ahmed Mohammed of the Federal High Court’s Abuja division had recognised Joseph Silas Onu as the genuine Chairman of the PDP’s Ebonyi State chapter in a judgment delivered on April 13, 2022.
Dissatisfied with the decision, Okoroafor Okorie, through Okoro, petitioned the Abuja division of the Court of Appeal to vacate the lower court’s decision.
The Appellant then moved for a Stay of Execution of the Federal High Court’s judgment, which the appellate court granted.
On May 23, the Court of Appeal ordered a Stay of Execution of the Federal High Court’s judgment and directed that all parties be returned to the status quo ante bellum.
Despite the Court of Appeal’s decision and enrolled orders, which were duly served on the PDP, which was also a party to the appeal, the PDP continued to recognise Onu as its state’s Chairman, in defiance of the Court of Appeal’s orders.
On the 28th and 29th of May, in defiance of the Court of Appeal’s clear orders staying the execution of the Federal High Court’s judgment, Onu convened and chaired the State Congress of the PDP in Ebonyi for the purpose of conducting the primary election in the state.
The Plaintiff had asked the court to vacate the PDP’s actions against the court’s existing orders.
