Tina Amanda
A High Court sitting in Port Harcourt has struck out a consolidated suit by OGECHI OGWU-EDWIN and four others, and ALAIBO SOIBIBO and four others, against the All Progressives Congress, APC, and former State Caretaker Committee Chairman, ISAAC OGBOBULA.
The Claimants had approached the court, seeking an interlocutory injunction against APC over the conduct of its congresses, praying the court to stop APC from going ahead with their Congress as they were allegedly refused access to nomination form after making payment for the said forms.
The Presiding Judge, Justice CHARLES WALI, in his judgment agreed with the Defendants’ Counsel, setting aside the suit for lack of proof of service.
The judge stated that the claimants were supposed to effect service in the head office of the First Defendant which is in Abuja, but went ahead to serve them in Port Harcourt office, which is against the provisions of the law.
Justice Wali, however, dismissed the suit for lack of jurisdiction, while insisting that the suit has become Status Barred and an academic exercise for falling out of the stipulated time for pre-election matter. The judge further stressed that the court do not have time to waste on an academic exercise suit.
In an interview with Journalists, Counsel representing the APC CHIMENEM JEROME said the court agreed with them in view of the constitutional provisions and electoral act section 84 sub 14, that only the Federal High Court is given jurisdiction to hear such matter while expressing happiness that the judgment has restored readiness for the party to move on with its Core mandate.
“In view of the electoral act section 84 sub 14 which says every issue relating to nominations and selection of candidates has now been removed from State High Court and FCT Court and invested original jurisdiction to Federal High Court. Before now federal high court and state used to have jurisdiction.
“So in view of the relief of number seven where the Claimants in the two consolidated suits have claimed a relief against primary election to be held by the APC, our argument is that particular relief following section 84 sub 14 of the electoral act, the state high court no longer has jurisdiction.
“By laws of Rivers State High Court, the court lacks jurisdiction, power to transfer such matter to the federal high court, so the only option left was for the court to strike out the suit.”
