…Asks Parties To Seek Redress At Tribunal
BEVERLY HILLS, June 18 (THEWILL) – A Federal High Court sitting in Asaba, the Delta State capital, has struck out the eligibility case brought before it by the Peoples Democratic Party (PDP) against the All Progressives Congress (APC), the Labour Party (LP) and Accord Party (AP) in the State.
The Court however directed the parties to the case to seek redress at the Election Petition Tribunal since the matter is an inter-party issue and a post-election matter which can be resolved at the Election Petition Tribunal.
In the suit, (FHC/ASB/CS/28,29,30/201), the PDP had asked the court to disqualify all the candidates of the three political parties standing for election in the state on the grounds that they violated sections 85(1) of the Electoral Acts , 2010 (as amended).
According to the section of the Electoral Act 2010, “Every registered political party shall give the commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this act.”
PDP had urgued that the APC, Accord and Labour Party breached this constitutional provision having held their primaries less than 21 days after the notices they gave to the Independent National Electoral Commission (INEC) for the holding of their primaries to choose candidates for the 2015 election.
While ruling on the matter on Thursday, Justice Olatunregun Ishola held; “the plaintiffs did not show sufficient evidence to prove that their rights have been injured by the defendants in the matter” and subsequently struck out the case, saying the parties should not use the courts as “a playground.”
Justice Ishola ruled that though the case “has merits, it is an inter-party issue and a post-election matter which can be resolved at the Election Petition Tribunal.”
Addressing newsmen shortly after the judgement, counsel to PDP, Akinnolu Timothy Kehinde (SAN), said the judgment of the court would be studied and a position taken by his clients, adding that; “as a senior counsel and a lawyer, I am bound by the decision of the court.We will take the next step when we get to that bridge.”
