Rivers 2023: VICTORY FOR ACCORD AS PDP SUIT AGAINST STATE ASSEMBLY CANDIDATES IS STRUCK OUT BY COURT

ACCORD CASE UPDATE 07/12/22

ANOTHER VICTORY FOR ACCORD AS SUIT BY PDP AGAINST ACCORD STATE HOUSE OF ASSEMBLY CANDIDATES HAS BEEN STRUCK OUT.

The Federal High Court sitting in Port Harcourt today Wednesday 07/12/22 struck out suit by the People’s Democratic Party challenging the eligibility of Accord and it’s Rivers State House of Assembly Candidates to contest the 2023 general elections in Rivers State for lack of jurisdiction as the action is statue barred and the Plaintiff (PDP) lacks the locus standi to institute the action.

Presiding Judge, Hon. Justice PHOEBE MSUEN AYUA relying on the recent judgment of the Court of Appeal, Lagos Division held that PDP filed the action outside the mandatory 14 days stipulated by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to file a pre-election matter, hence the action is statute barred.

Her Lordship also agreed with Counsel to ACCORD that PDP as a political party lacks the right to challenge the conduct of primaries of another political party which is an internal party affairs and that the Court lacks jurisdiction to entertain such matters.

The learned Judge concluded that going by the doctrine of stare decisis, she is bound to follow the decision of the Appellate Court and that doing otherwise will amount to judicial rascality.

The learned Justice AYUA therefore upheld the objections of the Counsel to ACCORD and the State House of Assembly Candidates and struck out the suit by PDP.

Abiye Anthony Abo Esq.
Legal Adviser, ACCORD Rivers State
07/12/22

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