A Federal High Court in Abuja on Monday affirmed Hon. Ifeanyi Ugwuanyi as the authentic candidate of Peoples Democratic Party (PDP) for the 2015 governorship election in Enugu State.
The ruling was delivered by Justice Evoh Chukwu in the case brought before the court by Senator Ayogu Eze who had dragged the party, its National Chairman, Mr. Adamu Mu’azu, the Independent Electoral Commission (INEC) and Ugwuanyi before the court over the delegates’ list with which the party’s primary was conducted.
In delivering his judgment, Justice Chukwu noted that from the proclamations made in the proceedings, it was only one governorship primary election that was conducted in Enugu state on December 8 under the watchful eyes of the national officers of the PDP.
The judge held that Eze failed to show how any section of the constitution or the Electoral Act as well as the PDP guidelines for the conduct of gubernatorial primary election was breached or violated.
The judge restated an already cited authority wherein it was held that the power to conduct party primaries rests solely on the National Executive Committee (NEC) of the party and not the state Exco of the party.
Eze had told the court that the PDP conducted ward congresses in Enugu State on November 1, 2014 as a result of which a list of delegates for the conduct of primary election for the governorship candidate of the party emerged consisting names of the elected delegates.
According to Eze, the list was sanctioned and authenticated by the Federal High Court, Abuja, presided over by Justice Adeniyi Ademola, in suit number FHC/ABJ/CS/816/2014, which judgment was delivered on November 24, 2014.
However, Justice Chukwu held that the sister court never sanctioned any delegate list.
“The plaintiff has variously tried to import the judgment of the sister court what the court did not say” said the trial judge and noted that Eze failed to show any evidence indicating that NEC of the PDP conducted the primary that he claimed was the authentic one.
Senator Eze had in his suit prayed the court to restrain the PDP, the National Working Committee, NWC, and INEC from submitting, forwarding or sending the names of any other person other than himself, as the duly elected governorship candidate for 2015 governorship election in Enugu State, pending the final determination of the substantive case.
He also wanted an order restraining INEC from recognizing, accepting or giving effect to the name of any other person other than himself as the governorship candidate of the PDP for the forthcoming Enugu state governorship election.
However, the PDP refuted the allegation that it jettisoned a list of delegates that was originally approved by the High Court, saying it was never at any time mandated by any court judgment to stick to any particular list of delegates.
“The court only upheld the list of those that emerged from the November 1 delegates’ election, it did not make an order that the list must be used”, the party had argued.
In its reaction, the Enugu State PDP stated that the judgment had vindicated its position that Ugwuanyi, and not Eze, was the authentic governorship candidate.
Acceding to a statement obtained by our correspondent, signed by its Publicity Secretary, Dr. Okey Eze, the party stated that “The Enugu State Chapter of the Peoples Democratic Party receives with satisfaction the judgment of the Federal High Court, Abuja, on the suit brought against the party by Senator Ayogu Eze on the choice of Hon. Ifeanyi Ugwuanyi as the governorship candidate of the PDP in the forthcoming general elections.
“The PDP is a party founded on the principles of justice, equity, inclusiveness, and respect for rule of law and democratic tenets.
“We have never had any doubts that we religiously complied with extant laws, party guidelines, and all due process in the nomination of Hon. Ugwuanyi as our flag bearer.
“It is therefore gladdening that the court has vindicated the party and affirmed the candidature of Hon. Ugwuanyi.
“The judiciary, by this verdict, has, once more, shown itself as the last hope of the common man and the bulwark of the nation’s democracy.
“We hope that this has finally laid to rest any misgivings and contentions over the December 8, 2014 PDP governorship primary election in Enugu State as we invite our brother, Senator Ayogu Eze, and all former governorship aspirants to join the mass movement for Ugwuanyi’s governorship come May 29, 2015 in the spirit of brotherhood and in the interest of the party and the State.
“The good governance and development of Enugu State are paramount.
“Democratic governance is a huge responsibility; and there will certainly be prominent roles for all towards the betterment of our dear state.”
The party thanked Governor Sullivan Chime for supporting Ugwuanyi’s candidacy, and equally urged the people of the state to vote for President Goodluck Jonathan and its governorship candidate, during the presidential and governorship polls on March 28, and April 11, respectively.
Also speaking to THE CITIZEN, Barr Obinna Okeke, a legal practitioner based in Abuja stated that the loud ovation that greeted the judgment in the court room was a clear indication that the judgment sat well with the aspirations of the people of Enugu State.
According to Okeke, immediately Justice Chukwu finished delivering his judgment, people started echoing “Gburu Gburu is a member”, which means that the judgment tallied with the expectations of the masses in the state.
Okeke said that the loud ovation that greeted Justice Chukwu’s judgment could be likened to the ovation that greeted the judgment in popular Merchant of Venice in a case between Shylock and Antonio in William Shakespeare play, where the trial judge was described as ‘A Daniel has come to judgment’.
He stated that Justice Chukwu without pre-empting anybody made pronouncement on all issues raised before the court, thereby, rendering any appeal, if any, an exercise in futility.
