From Ifeoma Ejiofor
A Federal High Court sitting in Awka, Anambra State on Wednesday dismissed a case brought against the All Progressives Congress (APC), the Independent National Electoral Commission (INEC) and Prince Nicholas Ukachukwu over his nomination as the governorship candidate in the November 8 polls.
The Court said that the Supreme Court in previous decided cases had stressed that the decision of membership of political parties was a prerogative of each particular party, noting that no one else or court has any jurisdiction to choose for any party who the members are.
Reacting to the verdict, the counsel for APC, Messrs Shedrak Ayo, said it was a sound, commendable, and well researched judgement which was a clear interpretation of the law.
“Because when you look at the complaint of the plaintiff (Chief Valentine 0zigbo), you will discover that it fall short of the clear provisions of Sec 285,(14a) and Sec 84(14) of the Electoral Act. Sec 285(14)a, stated that complaint must arise from the issue of Construction, the Electoral Act and the party guidelines.
But the entire content of the suit fall short of these copious provisions,” he pointed out.
Barrister Joseph Mola Mathew who was standing in for Chief Olushola Oke(SAN) counsel for Prince Nicholas Ukachukwu, described the judgement as a clear delivery of justice, noting that the case ab initio had no merit as it was dead on arrival.
According to him, “the position of law is clear, that any issue bothering on the membership of a candidate is domestic affair of the relevant political party. So, to that extent, no court has any jurisdiction in that.
“We were actually surprised when we read the process filed by the plaintiff which bothered squarely on membership. It’s therefore not surprising that the court in it’s judgement delivered just now stated the position of law especially the Supreme Court, that no one has jurisdiction to dabble into membership of political parties.”
He also noted that it’s a trite law that where the National Working Committee (NWC) of a party has cleared a candidate that no member has the jurisdiction to challenge same.
One of the frontline supporters of the Nicholas Ukachukwu and the national Convener of Anambra Equity Movement (ANEM), Hon Tony Ezekwelu while praising the judgement, urged party members and supporters of the APC guber candidate to be magnanimous in victory.