By Emmanuel Uffot
After palpable suspense and uncertainty within the ranks of the PDP candidates that emerged in the last party primaries in Akwa Ibom State over a pending verdict of an Abuja Federal High Court presided by Justice Obiora Egwuatu on the legality of the ad-hoc delegates that emerged in the party’s April 30, 2022 ward delegates congresses, respite finally came for the party as Justice Egwuatu dismissed the suit filed by Friday Iwok, a former member Akwa Ibom State House of Assembly and 30 others that were aggrieve at the conduct of the said ward congresses.
In his judgement, he affirmed that the Plaintiffs having not participated in the elections, lacked the locus standi to institute the suit in the first place. Justice Egwuatu averred that for a party to have a locus standi, he must have participated in the delegates’ election to which he is contending the outcome.
He said even though the plaintiffs stated that they purchased the expression of interest and nomination forms to contest in the ward congresses that produced the delegates, there was no ambiguity in the public notice of the party for the election as itwas clear and unbiased.
“The notice informed the public that all card- carrying members of the PDP are expected to take part in the elections, especially those aspiring to be elected as ad-hoc delegates. This notice didnot exclude any member. The plaintiffs did not show that the PDP used any criteria to either screen or disqualify anyone. He who asserts must prove”.
Quoting some sections of the Evidence Act to support his decision, he agreed with the plaintiffs that by filing an originating summons to commence their case, the matter was properly filed, but he however held that the plaintiffs did not show any infraction committed by the party against them. He therefore ruled that the court had no power to entertain the suit being an issue pertaining to the internal affairs of the party. “This court lacks Jurisdiction to resolve same”.
He also agreed with Paul Usoro counsel to the 2nd defendant (PDP) that the plaintiffs did not exhaust the party’s internal mechanism to resolve the issue before filing the matter. “I have earlier said that the plaintiffs lack locus standi and their rights were not breached. Plaintiffs had no reasonable cause of action to have filed the matter”. He stated that having reasonable cause to file a cause of action consists of every fact necessary for the commencement of a suit. But in his observation having peruse the case, this was lacking, as such their application lacks meritwhen weigh side by side with the argument of the defencecounsel “I found that the argument of the defendant is merited and resolve this against the plaintiffs”. “I am inclined to agree with counsel to the 2nd defendant. This suit lacks merit on the whole and accordingly dismissed”.
On the submission of the plaintiffs that the action of the PDP going ahead with primaries despite the order that status quo should be maintained, contravened the issue of fair hearing, Justice said the plaintiffs did not show how their constitutional rights were denied by the party.
Commenting after the judgement, Barrister Uwemedimo Nwokocounsel for the 3rd to 331st defendants (elected ad-hoc delegates) commended the judgement, describing it as a welcome development in the country’s justice system. He said they were particularly impressed because many of the points that were raised and determined “are novel and recondite, bearing in mind that we are operating a new Electoral Act 2022 which has never been in existence.” Continuing he said “There are new provisions in the Act which have not been interpreted before in previous cases which had made it difficult for the court in ordinary circumstances to decide. So what His Lordship has done today is to bring a lot of industries into a matter and generally speaking, it is a judgement that will stand a test of time”.
The facts of the case dates back to May 18, 2022 when Justice Egwuatu began hearing on a suit filed by Hon Friday Iwok and 30 others before him against the PDP and INEC over the legality of the PDP state wide Ward congresses to elect ad-hoc delegates.In the Suit No. FHC/ABJ/CS/606/2022 & 30 ors Vs INEC &Anor, the plaintiff had prayed the court to determine among other things
1, Whether there was conduct of Ad-hoc delegate elections in the 329 wards in Akwa Ibom State?
2, Granted though not conceding that it was done, whether same was properly so done and or conducted?
They also prayed the court to grant an interlocutory injunction against the 2nd defendant (PDP) using the ad-hoc delegates for the party primaries.
Through their counsel Ahmed Raji (SAN) wanted the court to declare the outcome of the congress of the party held on April 30, 2022 a nullity and set aside the results.
They had alleged in their submission that no ad-hoc delegates’election of the party took place in the state.
The Plaintiff Hon. Friday Iwok and 30 others had sued INEC, the PDP and the elected ad-hoc delegates who emerged from the Ward congresses conducted by the party
The presiding Judge thereafter granted ruled that the parties should maintain status quo until the determination of the main suit.
However when the case resumed for hearing on May 25, the aggrieved PDP members (Plaintiffs) through their counsel Ahmed Raji SAN told Justice Egwuatu that his order made on May 18 regarding ‘maintaining status quo’ was disregarded by the defendants as they went on to conduct their primaries.
Raji therefore prayed the court to set aside the Primary elections conducted on May 22 (House of Assembly) having failed to obey the court order which directed parties to maintain ‘status quo ante bellum’.
But counsel to PDP, Paul Usoro (SAN) had countered Raji’ssubmission, arguing that having challenged the jurisdiction of the court to hear the matter, any order made by the court would amount to an exercise in futility. He said PDP had filed a preliminary objection on May 24.
Usoro argued that the plaintiffs lacked the locus standi to institute the suit having not participated in the exercise.
On his part, Uwemedimo Nwoko (SAN) counsel to the elected 397 ad-hoc delegates corroborated Usoro’s submission, of lack of locus standing on the part of the plaintiff to sue having not participated in the primary as aspirants. And prayed the court to dismiss the case for incompetent and lacking in merit.
‘The plaintiffs did not buy forms and they declared intent to be elected as delegates. Having not bought any form and showed any interest, we submit that these plaintiffs lack the locus standito come before this court to institute the suit”. And contended that the mode of commencing the suit by the plaintiff was defective.
‘This suit is too hostile and contentious to be taken on the basis of the originating summons. Therefore, it is incompetent” he submitted. He said the court also lacked the jurisdiction to hear the suit,
Nwoko stressed that was no evidence abound that the plaintiffs showed interest in the ward congress, noting that the only exhibit they showed as proof of participation is the receipt by Senator Bassey Albert who bought 1000 forms for his would-be delegates. He declared “One man went and bought 1000 forms and anybody in the world can just come and claim he is part of the 1000 beneficiaries. We have tendered the 987 receipts of the entire winners of the Ward congresses. We have tendered the results sheets of the entire 329 wards, and the local government summaries of collated results of the congresses”.
He said the plaintiffs have not proved any of their allegations. They have not proved that they bought forms, they have not proved that they submitted their forms and have failed to prove that elections did not hold. “The burden of proof is on their shoulder. I urge that My Lord to allow them to sink with the heavy burden on their shoulders”.
Nwoko submitted that he had filed an 18-paragraph affidavit onbehalf of the Ad-hoc delegates and maintained that the court never made such an order of status quo ante bellum. He reminded the court that it would have been impossible for the court to stop the primaries of the PDP.
Drawing allusion from the Biblical ruling of Solomon over two women contending for ownership of a baby, the legal luminaryurged the court to rely on the Wisdom of Solomon in its judgement, wherein a woman asked for a living child to be divided so that the two of them would have no living child. He said the plaintiffs want to disrupt the entire process and render the PDP without any candidate for the election whereas the court has no such jurisdiction.
Barrister Abdulaziz Sani, counsel to INEC had after the addresses of the counsel said he would prefer to stay neutral on the matter.
Having listened to the addresses of the counsel, Justice ObioraEgwuatu had fixed July 15 for ruling which consequently dismissed the plaintiffs suit for lacking in merit and lack of jurisdiction by his court go into the matter which is a pure party internal matter.
It could be recalled that when the case came up for hearing , Barrister Usoro had filed a Counter Affidavit Opposing the Originating Summons and Counter Affidavit opposing the Motion for Interlocutory Injunction, while Nwoko filed a Motion for Joinder of the 987 Ad-hoc Delegates elected at the Ward Congresses conducted in all the 329 Wards in Akwa Ibom State.
The Ad-hoc delegates were elected to vote candidates of the House of Assembly, House of Representatives, Senatorial and Governorship since the Electoral Act had barred statutory delegates (elected and appointed Political office holders) from voting in party primaries.
However one significant issue that played out before this final verdict was various interpretations alluded for the meaning of maintaining ‘status quo’ and maintaining ‘status quo ante bellum’.
While some lawyers, Iniobong Effiong, Otobong Cosmas and Jerry Akpan interpreted maintaining status quo to mean the situation as it existed before the war’ Barrister Uko Udom SAN, Attorney General of Akwa Ibom State said it meant the current situation or the way things are now. “So when a court orders parties to ‘maintain status quo’ what that implies is that parties should maintain things the way they are now”.
In his view, the current situation was the Ward Congresses held throughout the state and the results released and transmitted to INEC.
‘There is a presumption of regularity and validity of the process and outcome of the Ward Congress is the ‘current situation’ or the ‘way things are now’. It is that status quo that the court says should be maintained until the substantive matter is heard on May 25, 2022.
For Barrister Cosmas and others who dissented to the interpretation of the state Attorney General, the order mean the situation as it existed before the ‘war’. Barrister Cosmas, ‘Theposition wherein parties were before the conduct of the ward congresses which gave rise to the Cause of Action? Simple, parties were in a position where there existed no Ad–hoc delegates”.
Jerry Akpan, a lawyer “ the implication of the Court decision is that ad– hoc delegates issue in the upcoming primaries has been buried, the Ad- hoc delegates will not vote in the House of Assembly primary on May21, 2022, House of Representatives May 22,2022 Senatorial Primary May 23 and Governorship May 25 governorship primary”.
That contention which became a form of discourse in offices, shops, drinking joints and newspaper stands in Akwa Ibom state, was eventually settled with the verdict of the court dismissing the suit.
Indeed, as the camp of the governorship candidate of PDP in the state, Pastor Umo Eno and other flag bearers like Dr EkongSampson, former House of Assembly member and commissioner, Hon. Aniekan Bassey, Speaker Akwa Ibom State House of Assembly and Barrister Emmanuel Enoidem former Commissioner and International Coordinator Maintain Peace Movement, all senatorial candidates of Eket, Uyo and IkotEkpene senatorial districts respectively are jubilating over the court decision, a major fallout of that verdict has been the resignation of one of the frontline governorship aspirant of the party Senator Bassey Albert.
Senator Albert Albert resigned his membership of the party I through a letter addressed to his ward chairman in Ibiono Ibom LGA, shortly after the Abuja court gave the ruling. He said his decision to leave the party followed intensive consultation with his supporters. Adding that given his desire to for a better and prosperous Akwa Ibom State, he believes it can not be achieved under PDP hence his decision to resign and further his aspiration.
“Consequently, guided by the sentiments, concerns and worries of our people so expressed on the need to take immediate steps for the actualization of their aspirations, I am therefore compelled to resign my membership of the Peoples Democratic Party forthwith”.
It could be recalled that few hours before the commencement of the party’s governorship primaries which he was an aspirant, Senator Albert withdrew from participating in the exercise, attributing his decision on the need to obey court injunction relating to the ward congresses which produced the ad-hoc delegates for the primary election.
The Iwok and 30 that filed the suit were those loyal to the IbionoIbom Senator, and the suit in question is said to have been at his instance.
With the ruling, the issue of legality of the primaries that produced House of Assembly, House of Representatives and Senatorial Districts candidates as well as Pastor Umo Eno as PDP Governorship flagbearer has been put to rest and their elections sustained.
