A Federal High Court in Abuja has dismissed the request by the Peoples Democratic Party, PDP, to disqualify the incumbent Deputy Senate President, Augustine Ovie Omo-Agege from participating in the March 11, 2023 governorship election in Delta State.
A suit instituted by the PDP for the disqualification request was thrown out by the court due to lack of diligent prosecution of the suit.
PDP had dragged the Independent National Electoral Commission, INEC; All Progressives Congress, APC; and Omo-Agege before the court, praying for an order to quash the bid by the Deputy Senate President and his party from standing for the election on allegations of breach of Electoral Act 2022.
The main grouse of PDP was that APC and Omo-Agege violated sections 285 (14) of the 1999 Constitution and 30, 32 and 73 of the Electoral Act 2022 by submitting the nomination form of Omo-Agege manually as against the uploading through the online Nomination Portal of INEC.
PDP claimed that since submission of nomination form through INEC Nomination Portal is mandatorily prescribed by law, INEC ought not to have published Omo-Agege’s name as it did in October 4 last year.
The PDP sought order of mandatory injunction directing INEC not to publish Omo-Agege’s name as an eligible candidate to contest the forthcoming governorship election in Delta State.
The party also prayed for another order restraining APC and Omo-Agege from parading or further parading or holding themselves out as contestants in the election.
However, at the proceedings, Justice Inyang Edem Ekwo observed that PDP as the plaintiff in the suit has not appeared in court through legal representation for three consecutive times to present its case and also did not give any information.
Justice Ekwo held that by the persistent non-appearance in court, it is deemed that the suit has been abandoned by the plaintiff.
The judge subsequently dismissed the suit marked FHC/ABJ/CS/1907/2022 for lack of diligent prosecution
