
By Steve Oko
Umuahia – An Abia State High Court sitting in Bende has nullified the Ward and Local Government Area congresses of the Abia State chapter of the Peoples Democratic Party (PDP) held in 2024.
The court also nullified the councillorship and chairmanship primaries conducted by the party for the November 2, 2024, Abia council election.
The judgment followed a suit filed by a PDP chieftain, Enyinnaya Ogbu, against the PDP, its National Chairman, National Financial Secretary, National Organizing Secretary, National Legal Adviser, National Secretary, Allwel Asiforo Okereke, Kenneth Madubuike, and the Abia State Independent Electoral Commission (ABSIEC).
The claimant, in suit number HB/5/2024, sought the following reliefs: A declaration that the conduct of ward and LGA congresses, and primary elections for PDP chairmanship and councillorship candidates in the 2024 Abia Local Government Election, and the submission of candidates to ABSIEC by certain defendants, violated previous court orders in suit HB/3/2024 – Francis Etuzu & 2 Ors. V. PDP & 4 Ors.
A declaration that PDP has no valid chairmanship and councillorship candidates for the November 2, 2024, council election.
A declaration that the defendants’ actions unlawfully deprived the claimant of his right to participate as a PDP chairmanship candidate for Ukwa East LGA, as guaranteed under Section 40 of the 1999 Constitution.
An order nullifying the congresses, primary elections, and all communications made to ABSIEC regarding the 2024 election.
An order nullifying all communications sent to ABSIEC from July 23, 2024, to date, in relation to the LGA election.
The presiding judge, Hon. Justice C. U. Okorafor, granted all the reliefs sought by the claimant.
Speaking after the ruling, Counsel to the claimant, Mr. O. O. Amuzie, described the judgment as a triumph for democracy, justice, and equity, commending the court for deciding the matter on its merit.
Meanwhile, Counsel to the PDP, Chief Ukpai Ukairo, announced plans to appeal the judgment after consulting with relevant party structures. He expressed optimism for a favorable outcome, emphasizing that issues concerning party congresses are internal matters outside the jurisdiction of the court.
“We are filing an appeal followed by a motion for a stay of execution. We are confident the appeal will succeed as congresses are traditionally considered internal party affairs,” Ukairo stated.
He noted that the court’s decision effectively nullified the PDP’s Ward and LGA congresses, including the primaries that nominated the party’s candidates for the local government elections.
Recall that Ogbu, alongside two other PDP chieftains, Francis Etuzu and Chinedu Kalu Kalu, filed a separate suit (HB/3/2024) seeking the nullification of the Abia PDP State Congress.
Judgment for that case is expected on May 20, 2025.
Defendants in the pending suit include:
PDP
PDP National Chairman
PDP National Financial Secretary
PDP National Organizing Secretary
PDP National Legal Adviser
The claimants are seeking:
A declaration that the defendants lack the power to withhold membership registers, cards, nomination forms, and materials necessary for participation in the state congress.
A declaration that excluding the claimants from the congress violates their constitutional rights under Section 40 of the 1999 Constitution.
A perpetual injunction restraining the defendants from preventing the claimants from participating in PDP congresses in Abia State.
The outcome of the pending suit may further impact the structure and legitimacy of the PDP leadership in Abia State.
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