– A Federal High Court in Abuja has dismissed the application filed by the Ahmed Makarfi-led faction of the Peoples Democratic Party (PDP)
– Justice Okon Abang said the application lacked merit because the appellant had no grounds to appeal a judgment made by the court
– The court said the appellant is not a party to the suit filed before it and so cannot appeal its judgment
A judge of the Federal High Court, Justice Okon Abang on Thursday, October 27, gave ruling on an application filed by the Ahmed Makarfi-led faction of the Peoples Democratic Party (PDP).
Abang in his ruling said the appellant lacked the ground to appeal the court’s judgement.
PDP’s candidate Eyitayo Jegede had written the court to grant him the permission to appeal its October 14, judgment.
But Abang said: “The only case where the applicant would have been considered as having a locus standi to contest the October, 14, judgment is if he had taken part in the August, 29 primaries conducted by Mr. Sheriff’s faction.”
The judge said, Section 31 of Nigeria’s Electoral Act only allows a party to the suit to be the one contesting the said judgement and not its candidate
Abang had in an earlier decision declared former Borno state governor Ali Modu-Sheriff as PDP’s authentic candidate for the national chairman.
Abang’s decision came after a judgement declaring Modu-Sheriff faction as the authentic members of the PDP.
But Jegede in his appeal prayed the court to appeal on its judgment at the Appeal Court.
He also said records before the court shows does not indicate that Jegede was a sponsored candidate of the PDP in Ondo state.
Abang also, slammed a fine of N100,000 against Areolu, Makarfi’s counsel.
The money, the judge said should be paid to two of Modu-Sheriff’s counsel – Alex Iziyon and O. O. Fakunle – at N50,000 each.
Meanwhile, an election tribunal sitting in Benin city, Edo state on Wednesday, October 26, ordered PDP gubernatorial candidate for Edo state Osagie Ize-Iyamu to serve the state’s governor-elect by substitution.
The court’s decision came after the plaintiff said the respondents have made it impossible for a suit contesting the just concluded Edo election to be served on him.