Ibekimi Oriamaja reporting for TrackNews
A suit seeking to overturn the results of the Peoples Democratic Party (PDP) Rivers gubernatorial primary scheduled for May 26, 2022 has been dismissed by the Federal High Court in Abuja.
In addition, Justice Taiwo Taiwo declined to prevent the Independent National Electoral Commission (INEC) from accepting the primary election winner.
He determined that Dagogo lacked the legal standing to file the suit.
Rivers’ former Accountant General, Siminaliayi Fubara, won the primary. Doctor Farah Dagogo, a PDP gubernatorial aspirant, joined the PDP and INEC as first and second defendants in the FHC/ABJ/CS/ suit. Dagogo is a “serving member of the lower chamber of the National Assembly representing Degemma/Bonny federal constituency of Rivers State.”
The lawmaker, in his originating summons of May 12, averred he purchased the PDP Expression of Interest and Nomination Forms for the gubernatorial primary, completed and returned same to the 1st Defendant with all the relevant accompanying documents.
He claimed that he presented himself for screening on April 28 2022, “only to be whisked away by security agents at the order of Governor Nyesom Wike of Rivers State, with the active connivance of members of the Screening Panel/Committee,”
He contended that the PDP, by failing to screen him to contest the governorship primary had violated his right contrary to section 84(3) of the Electoral Act, 2022, sections 36, 40 and 42 of the 1999 Constitution.
It had also, he claimed, violated Part V, Clause 2 (c) & (d) of the PDP Electoral Guidelines for Primary Elections made pursuant to the PDP Constitution by the 1st Defendant.”
But, the PDP filed a motion on notice of May 24, 2022, praying for an order striking out the suit on the ground, according to it, that the court lacks the competence and jurisdiction to entertain the matter.
On June 17, 2022, when the matter came up for adoption of processes, S. Larry SAN represented Dagogo, while K. C. O Njemanze SAN represented the 1st defendant, following which the court adjourned for judgment.
In his judgment seen by The Nation yesterday, the court upheld the PDP’s application.
Justice Taiwo held: “Therefore, it is my finding that the grouse of the plaintiff cannot be met or decided by this court for lack of locus standi on the part of the plaintiff. I so hold.
“Since I have in my humble view decided that based on the law and facts presented by the plaintiff, he lacks the locus standi to file this action, it will amount to mere academic exercise to consider any other grounds of objection even if the grounds can be decided against the plaintiff in the extant motion on notice of the 1st defendant.
“The action of the plaintiff, therefore, fails in limine and same is liable to be dismissed. The suit is therefore accordingly dismissed. This is the judgment of the court.”
