Justice Evoh Chukwu dismissed a suit filed by Senator Ayogu Eze, challenging the emergence of Ugwuanyi as the governorship candidate.
The defendants in suit marked FHC/ABJ/CS/2014, were the PDP, its National Chairman, Adamu Mu’azu, and INEC.
Both Eze and Ugwuanyi had claimed they were the party’s candidate, having emerged as winner in two parallel primaries held on December 8, 2014.
In his judgment on Monday, the court held that from the averments made, 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 plaintiff’s suit did not succeed as he failed to show how any section of the constitution or the Electoral Act as well as the PDP guidelines for the conduct of governoship primary election was breached or violated,” the court held.
The presiding judge, who earlier in his judgment that lasted for two hours dismissed the preliminary objections of the defendants for want of jurisdiction, abuse of court process and locus standi, however, agreed with the defendants that it was only a political party that was in a position to choose its candidate in an election.
Justice Chukwu restated the already cited authority wherein it was held that the power to conduct party primaries rests solely on the National Executive Committee of the party and not the state exco of the party.
Eze had told the court that 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 judgement was delivered on November 24, 2014.
However, Justice Chukwu said the sister court “never sanctioned any delegate list The plaintiffs have variously tried to import into the judgment of the sister court what the court did not say.”