The Federal High Court 1 Umuahia has fixed the 20th day of October 2022 for DEFINITE HEARING/ADOPTION of the Originating Summons/Final arguments in the suit filed by seven members of the Peoples Democratic Party (PDP) against INEC, PDP and it’s National Chairman challenging the Congresses for election of 3 man Ward Adhoc delegates which the Abia State Chapter of the Party purportedly held on the 6th day of May, 2022.
At the resumed hearing of the suit No. FHC/UM/CS/62/2022 between *Ndudi Nwagbara & 6 others V. INEC & 2 others,* today the 30th day of September 2022, before his Lordship E. N. Anyadike, Counsel for the Plaintiffs, Nnamdi Nwokocha-Ahaaiwe, Esq., informed the Court that he had two pending applications. The first was to join 36 candidates of the PDP who purportedly emerged after the questioned Congresses as Defendants to the action to avoid any arguments of lack of Fair Hearing as the candidates will be affected if the Congresses are nullified, while the second application was to amend the Originating Summons to reflect the Consequential Reliefs and Orders in the event the Congresses are nullified.
Counsel for INEC and for the 2nd and 3rd Defendants (PDP) informed the Court that they were not opposing the applications. Justice Anyadike granted all the prayers sought by the Plaintiffs, ordered them to serve the amended processes on the parties and after calculating the time available to all the parties to file further processes in the matter, adjourned by agreement of all Counsel to the 20th day of October 2022 for Hearing of the Originating Summons.
In the Amended Originating Summons, the Plaintiffs are asking the Court to nullify the 6th May 2022 Congresses of PDP in Abia State on two Principal grounds: that it was the State Chairman of PDP who rescheduled the Congresses for 6th May 2022 by letter dated 4th May 2022 addressed to the Resident Electoral Commissioner (REC) of INEC and received by the later on 5th May 2022. The Plaintiffs argue that this is in breach of the INEC Regulations of 2018 which make it mandatory that only a communication signed by BOTH the National Chairman AND National Secretary of a Political Party addressed to the NATIONAL HEADQUARTERS of INEC is valid as well as numerous Supreme Court authorities which invalidate Congresses and Primaries scheduled by State Exco of a Party. The second contention of the Plaintiffs is that contrary to the minimum of seven days Notice mandated by the INEC Regulations 2018, the purported Congresses of 6th May 2022 was held with just a day’s Notice. The Plaintiffs contend that failure to give the appropriate Notice invalidates the Congresses.
The Plaintiffs therefore pray the Court to invalidate the 6th May 2022 Congresses of PDP in Abia State and as Consequential reliefs/orders, invalidate all other actions flowing from the Congresses, which include the Primaries to the public offices of Governor, Membership of the National Assembly and of the Abia State House of Assembly.
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