The African Centre for Justice and Human Rights (ACJHR), has condemned the judgement of the Imo State National/State Assembly Election Petitions Tribunal, which used a pre-election matter of the People’s Democratic Party (PDP) to strike out a suit filed by its candidate for Ideato North State House Of Assembly seat, Barr. Kanayo Nwankwo.
Recall that the tribunal used same pre-election matter to remove Hon. Ikenga Imo Ugochinyere as the member representing Ideato North/South federal constituency of Imo State in the House of Representatives.
In a judgment, Justice Anthony Akpovi-led panel which amounted to the Tribunal upturning and setting aside a subsisting judgment of the Supreme Court, the Tribunal upheld the petition of Chika Abazu of the All Progressives Country (APC) on the ground that the primary election of Peoples Democratic Party (PDP), which produced Ugochinyere as candidate, was invalid.
Regarding the matter, the Supreme Court in December last year declared Ugochinyere as the authentic candidate of the PDP, for the Ideato north and south federal constituency elections. In a judgment a five-member panel of the apex court held that there were no grounds put before it, to nullify the ticket of the party in the custody of Ikenga Imo Ugochinyere, having fulfilled all the provisions of the law and complied with stipulated guidelines.
Also recently, the Presidential Election Petitions Court (PEPC) ruled in Vice President Kashim Shettima’s case, that the issue of nominating or not nominating a candidate validly by a political party is a pre-election matter and an internal affair of the party, which can only be challenged within 14 days of such nomination at a Federal High Court.
But Akpovi-led panel used same pre-election issue to strike out the case of the PDP candidate for Ideato North State House Of Assembly seat, Barr. Kanayo Nwankwo.
The panel at its sitting in Mararaba Nasarawa State on 1st October 2023 used the pre election decided issues of venue of primaries to strike out the suit, knowing fully well that APC lacks the locus to challenge the issue of venue of Where PDP held its primary because its a pre election issue.
Reacting, ACJHR, led by Comrade Abubakar Musa, condemned the Justice and his panel members.
“We have alerted the National Judicial Council (NJC) and lovers of justice to check the judgments coming from sister courts in same Imo Election tribunal where the other courts working with Akpovi have affirmed election and venue of PDP candidates primary and dismissed the cases of LP and APC on the ground that issue of primary venue are pre election issues which their court lacks jurisdiction to entertain, hence the question is why is Akpovi acting differently on same issues that other courts hearing same case with him on Imo have affirmed?
“The ACJHR praises supreme court and appeal court including other heroic judges who have refused to depart from clearly established constitutional principles and judicial precedent on what constitutes pre-election,” the group said.
