The Federal high court sitting in Asaba today has struck out the petition filed by Mr. Emeke Ozegbe, challenging the emergence and authenticity of the candidature of Rt. Hon. Friday Ossai Osanebi, in the last PDP House of Assembly primary election in Ndokwa East.
In his application, Mr. Emeke Ozegbe had earlier challenged INEC, PDP and Friday Osanebi, seeking the court to declare him winner of the 29th November, 2014 PDP primaries prior to the April 2011 general election to the delta state house of assembly.
Ozegbe had alleged in his suit that the third defendant ( Rt. Hon. Friday Osanebi), is not from Ndokwa East and as such the court should nullify Osanebi’s election into the Delta State House of Assembly and declare him, Ozegbe, winner of the primary election, saying Osanebi was from Ndokwa West.
In his judgment, the federal high court judge said that there’s no law which states that a candidate for an election must hail from a particular local government before he or she can qualify to contest any election.
He further revealed in his judgment that identification as to local government to contest an election is not known to law, with respect to contesting assembly elections, and accordingly dismissed the case of the claimant, Emeke Ozegbe with cost, for his inability to prove his case, describing it as frivolous and worthless.
Quoting relevant sections of the constitution of the federal republic of Nigeria and the PDP constitution and election bye laws, the court maintained that there was no section or portion of the law that disqualified the 3rd defendant- Friday Osanebi, from contesting his party’s primaries.
In his reaction shortly after the judgment, counsel to Rt. Hon. Friday Osanebi, Ikechukwu Kubosu, (Esq.), said: “I thank the court for a well articulated and sound judgment, delivered”
Calling on Ozegbe to join hands in building a more peaceful and united Ndokwa land, Osanebi thanked God for the victory, describing it as a triumph of light over darkness.