Court Affirms Senators Ubah, Oduah, Others Elections

FEDERAL High Court sitting in Abuja has struck out the suit instituted against Senators Andy Ubah, Stella Oduah and others challenging the validity of the primary election of PDP that produced them as candidates for the 2015 National Assembly elections.

The Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP), had asked the Federal Court in Abuja to dismiss a legal action instituted by Senator Annie Okonkwo, Julius Oforma and 42 others on the ground that it was a gross abuse of the court since issues raised by the plaintiffs had already been resolved by the Supreme Court...

Delibvering a judgment, Justice Adeniyi Ademola on Friday held that the plaintiffs’ claim, that they are the right nominated candidates of the PDP in the National and State House of Assembly election in the March and the April 11, 2016 Presidential election held in the state, lacked substance having been nominated by the state executive of the party contrary to the laid down procedures.

The court emphatically held that it had been established in law that the power to conduct primary election, nomination of candidates and submission of list of candidates to INEC was vested on the National Executive Committee (NEC) of political parties adding that since the apex court has made a clarification on the issue, its order must be obeyed by persons and statutory bodies on ‘res judicata’.

“It is settled law that the state executive committee organ of a political party lacks power to nominate candidates for an election. It is only the primary election conducted by the national executive committee of a party that is valid to be submitted to INEC for the purpose of an election and no other arm”.

“The plaintiffs’ claims to the effect that they are the validly nominated candidates of the PDP for the 2015 general elections cannot stand in the face of the law, because the Anambra State PDP exco has no legal right or legitimacy to conduct primary elections to nominate candidates.

“In the instant case, it appears that the state exco do not to know their limit with their flagrant abuse of power and usurpation of the functions of the national executive committee of the party. Political parties should educate their state executive committees on the limit of their powers so as to stop them from embarking on acts of illegality and nullity”, the Judge held.