A Federal High Court, Abuja has fixed a date for hearing on a suit filed by Prince Michael Ekamon and the Governor of Rivers State, Nyesom Wike, seeking to disqualify Atiku Abubakar as the lawful presidential candidate of the People’s Democratic Party (PDP) for the 2023 elections.
TheNewsGuru.com (TNG) reports that Prince Ekamon and Governor Wike are 1st and 2nd plaintiffs respectively in a suit dated June 2 and filed on June 3 while the PDP is the 1st defendant, the Independents National Electoral Commission (INEC), Aminu Tambuwal and Atiku are 2nd to 4th defendants respectively.
Ekamon and Wike, in the suit, sought among other prayers, the court’s pronouncement declaring the Rivers State Governor as the PDP’s presidential candidate for the 2023 election.
But, the PDP, its Presidential Candidate, and the Governor of Sokoto State have challenged the suit filed over the recently-concluded presidential primaries. The trio, in a notice of preliminary objection marked: FHC/ABJ/CS/782/22 dated and filed on Aug. 5 before Justice Ahmed Mohammed of the Federal High Court sought an order striking out or dismissing the suit for want of jurisdiction.
TNG reports that the PDP and others, in their application filed by their counsel A.K. Ajibade, SAN, argued their matter on four grounds. According to them, the instant suit as filed is unknown to law and/or not cognizable under a pre-election matter.
They argued that Ekamon, who is the 1st applicant, having not participated in the primary election conducted by the National Executive Committee of the party lacked the requisite locus standi to institute the suit.
They further argued that the instant suit, as brought by the applicants (Ekamon and Wike) did not fall within “the purview of Section 84 of the Electoral Act, as such does not qualify as a preelection dispute. That the instant suit was not initiated by due process of the law.”
Upon resumed hearing in the matter on Wednesday, Wilfred Okoi, counsel for Wike and Ekamon, told the court that the matter was filed through an originating summons dated June 2 and filed June 3. He said all the defendants, including INEC, had been served.
Okoi said he was in receipt of a counter to their originating summons and a motion on notice for an extension of time from PDP, Tambuwal and Atiku to enable them to file their counter affidavit and enter defence in the suit.
Following the lawyer’s non-opposition to the motion for an extension of time, Priscila Eje, counsel for PDP and others moved the motion and the judge granted it. Justice Mohammed consequently adjourned the matter until Sept. 14 for hearing.
TNG reports that Wike came second behind Atiku in the party’s presidential primary election held in May. Tambuwal, who was also a presidential aspirant, stepped down for Atiku at the last minute.
Although Wike had recently denied filing any suit against the party and its presidential candidate, the party and others were represented in court, except INEC’s counsel, who was not in court.