Court strikes out suit seeking to disqualify all PDP candidates in Enugu

A federal high court in Enugu has struck out a suit seeking to disqualify all the candidates of the Peoples Democratic Party (PDP) in Enugu state from taking part in the general election.

Chika Idoko, senatorial candidate of the African Democratic Congress (ADC) for Enugu north, had instituted the suit seeking disqualification of all PDP candidates for breach of time.

He argued that the PDP submitted its membership register to the Independent National Electoral Commission (INEC) in violation of section 77 of the electoral act.

Section 77(2) of the electoral act states that parties must maintain a membership register in both soft and hard copies, while section 77(3) states: “Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries, congresses or convention”.

Idoko prayed the court to void all the primaries conducted by the PDP over the party’s alleged late submission of its membership register to INEC.

Delivering judgment on Friday, Folashade Giwa-Ogunbanjo, the presiding judge, held that the plaintiff, not being a member of the PDP, lacked the locus standi to challenge the internal affairs of the party.

Giwa-Ogunbanjo held that the locus standi issue — wherein a non-party member cannot contest the internal affairs of a political party — had been resolved by judicial authorities of the court of appeal in its numerous divisions throughout the nation.

The judge struck out the case for lack of jurisdiction and did not award any cost to the plaintiff.