Ibekimi Oriamaja Reports
The Supreme Court dismissed two appeals filed by ad hoc delegates of the Peoples Democratic Party (PDP) in Edo State loyal to the party’s Dan Orbih faction led by Hon. Monday Iyore Osagie. In a decision issued on Friday, a five-member panel led by Justice Amina Augie upheld an earlier court of appeals decision, ruling that the appeals concerned issues over which the court lacked jurisdiction due to their ties to political party internal affairs. The decision was on the appeal marked: SC/CV/980/2022 between Hon. Monday Iyore Osagie & others v. PDP and others, and it was to apply to the second appeal marked: SC/CV/979/2022 involving the same parties and arising from the same earlier judgment of the Court of Appeal, Abuja.
While relating the history of the case, Justice Emmanuel Agim, who read the lead judgment, noted that “the appeal is against the judgment of the Court of Appeal delivered on July 25, 2022 in the appeal marked: CA/ABJ/CV/594/2022, setting aside the judgment of the Federal High Court delivered on May 26, 2022 in a suit marked: FHC/ABJ/CS/518/2022.” “In light of the foregoing, I hold that the Court of Appeal correctly held that the subject matter of the suit giving rise to this appeal is an internal matter of the first respondent (the PDP), and to be resolved by its internal mechanism,” he said.
“It (the subject matter) is not justiciable and thus not within the trial court’s jurisdiction.” The trial court erroneously assumed jurisdiction to hear and decide the issues at hand. The decision of the trial court was correctly overturned by the Court of Appeal. After determining that the Court of Appeal correctly held that the trial court lacked jurisdiction to entertain and decide this matter, considering and deciding other issues in this appeal would be futile. “On the whole, this appeal fails because it lacks merit, and it is thus dismissed,” Justice Agim concluded. Justice Augie, in her contribution to the lead judgment, held that the appellants lacked the legal right to file the suit in the Federal High Court because they were not PDP primary election candidates.
The Independent National Electoral Commission (INEC) has promised to follow the ruling. Mr. Timidi Wariowei, INEC’s Head of Voter Education in Edo State, provided the assurance yesterday at 4:18 p.m. in response to a text message. “INEC is a law-abiding organization,” Wariowei stated. We would comply if we were served with the judgment.”
