Appeal Court throws out APC’s suit against PDP

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The Court of Appeal sitting in Asaba has thrown out a suit filed by the All Progressives Congress (APC) seeking to sack all 25 local government councils’ chairmen and councilors in Delta State.The APC had challenged the election of the council officials on the grounds that the People’s Democratic Party (PDP) did not conduct valid primaries for its choice of candidates in the March 6, 2021 local government council election in the state.The APC also alleged that DSIEC colluded with PDP without observing the provisions of the DSIEC Law, 2017.

In a judgment delivered, yesterday, a three-man panel of the court affirmed the August 28 decision of the High Court in Ughelli which dismissed APC’s suit for lacking in merit.Delivering the unanimous judgment of the court, Justice Joseph Ekanem presiding, affirmed the judgment of Justice A. A. Onojovwo of Ughelli High Court 1 which had earlier ruled that APC lacked the locus standi to challenge the primary election of PDP which is an internal affair of the party.

In particular, the Court of Appeal also agreed with the trial court that the PDP held valid primaries of its candidates in the March 6, 2021 local government council election in the state.The Court held that APC is a total stranger to PDP and as such it cannot dabble into the primary election of PDP which is an internal affairs of the PDP.That Section 285 (14) of the Construction of the Federal Republic of Nigeria, 1999 (as amended) cited by APC did not apply to Delta State Local Government election.That the Zamfara State case of APC vs Marafa cannot apply to this case and that by the provision of Section 98(8) of Delta State Independent Electoral Commission Law, 2017, it is only aspirant who participated in a primary election of a political party that has the locus standi to challenge the primary election.

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