It is no longer news that the Federal High Court sitting in Abuja and presided over by Honourable Justice N.E. Maha, while delivering judgment in Suit No.FHC/ABJ/CS/1422/2022 filed by one Everest Nnaji against the Labour Party and the Independent National Electoral Commission recently ordered the Enugu State chapter of the Labour Party to conduct a fresh gubernatorial primary within 14 days from the date of the Court Order.
b) Secondly, whether Odengene Air Shuttle Services Ltd is a member of Labour Party and thus qualified for nomination as the party’s gubernatorial candidate under Section 84 of the Electoral Act, 2022 and Section 177 of the 1999 Constitution of the Federal Republic of Nigeria . It was an established fact also before the court that it was Odengene Air Shuttle services Ltd that purchased the nomination form of the LP in Enugu State and not Everest Nnaji.
Denial of fair-hearing is a fundamental constitutional breach which renders any judgment obtained thereof a nullity. Many keen observers and legal minds have reasons to believe that the weird judgment of the court was either procured or borne out of rascality. It is also believed that Edeoga’s fate was predetermined and that was why he was shut out.
The Court of Appeal while interpreting Sections 87 and 156 of the Electoral Act, 2010, which are _imperi materia_ with Sections 84 and 152 of the Electoral Act, 2022 in the case of Eze v. Ugwueze & Ors LPELR-22481,has this to say: Section 87 of the Electoral Act confers jurisdiction on Courts to hear complaints from a candidate who participated at his party’s primaries. In other words, only dissatisfied contestant at the primary could complain about the conduct of the primaries.
So it is obvious that Odengene did not qualify as an aspirant to complain or challenge the gubernatorial primary of the Labour Party in the Court of law following the judicial precedents. It is, therefore, safe to submit that the learned trial Judge unnecessarily over-indulged him, which could only happen on either ground of compromise or judicial impertinence.
Nigerian courts dabbling into party matters portend danger in Nigerian political system.
It's unethical and uncharitable to see a certain Andy Peters who claims to be a Lawyer bring to disrepute the whole judiciary because an outcome of a case determined did not favour his candidate. Why us there an appeal? Calling the Judge a rascal and a gun-for-hire? PT take note
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