Tina Amanda
A Court of Appeal sitting in Port Harcourt has struck out the judgment of a federal High court which nullified the candidacy of 16 APC state house of Assembly candidates.
The Appeal No CA/PH/5544/2022, which arose from a judgment in FHC/PH/CS/152/2022 Suit filed by the 1st Respondent People’s Democratic Party PDP sought to restrain INEC from recognising the candidates nominated by the Appellant All Progressives Congress APC.
Justice Olabode Adegbehingbe, in his judgment, ruled that the PDP has no locus standi to challenge the primary election of the APC in the first place.
The Judge also ruled that the Federal High Court lacks jurisdiction to entertain the suit, and its decision which disqualified APC candidates is nullity.
Recall that Justice Turaki Mohammed of the Federal High Court Port Harcourt had, on 11 November 2022, nullified the candidacy of sixteen APC candidates in the suit filed by the PDP seeking the nullification of all APC state Assembly candidates for the 2023 general elections on the ground that their primaries were conducted without the supervision of INEC among other things.
Our Correspondent reports that Justice Adegbehingbe also struck out the suit by the PDP seeking the court to nullify the remaining sixteen (16) APC state Assembly candidates whose candidacy was validated by the Federal High Court on 11 November 2022.
