A Federal High Court in Abuja has declined jurisdiction to hear a suit seeking to among others, prohibit Asue Ighodalo from being presented as the governorship candidate of the Peoples Democratic Party (PDP) for the forthcoming governorship election in Edo state.
In a judgment on Wednesday, June 26, Justice Obiora Egwuatu the court declined jurisdiction because the suit was premature having been filed without the plaintiff first exhausting the PDP’s internal mechanism for dispute resolution.
The judgment was on a suit marked: FHC/ABJ/CS/304/2024 filed by a PDP governorship aspirant in Edo State, Anselm Ojezua.
Listed as defendants in the suit are Ighodalo, the PDP, and the Independent National Electoral Commission (INEC).
Justice Egwuatu upheld the objection raised by Ighodalo’s lawyer, Akinlolu Kehinde (SAN) that the suit was incompetent, the plaintiff having failed to comply with the mandatory internal procedure for dispute resolution as provided in the constitution of the PDP.
The judge however did not go into the substance of their case having upheld the preliminary objection raised by Ighodalo’s lawyer.
Justice Egwuatu said: “In the final analysis, having held that the institution of this suit was premature, the preliminary objections succeed in part.
“I therefore decline jurisdiction to entertain this suit. In effect, I resolve the sole issue for determination in favour of the defendants and against the plaintiff.
“Where a court finds that it lacks jurisdiction to entertain a suit, the court has a duty to terminate the proceedings before it.
“On the basis of the above principle of law, I abstain from proceeding further to resolve the merits of the case and the challenge to the affidavit of facts of the third defendant raised by the plaintiff.
“Accordingly, this suit is struck out for want of jurisdiction,” the judge said.
Ojezua had sued to challenge the outcome of the February 22 primary election that produced Ighodalo as the PDP governorship candidate.
He had contended that the provisions of the Electoral Act 2022 and the guidelines of PDP were grossly violated in the conduct of the primary election held at the Samuel Ogbemudia Stadium in Benin City.
The plaintiff alleged that a fake and adulterated delegates list was used in the conduct of the indirect primary election.
He then prayed to the court to void the primary election.