Justice Ahmed Mohammed of the Abuja Division of the Federal High Court yesterday ordered the sack of Mr. Okoroafor Okorie as the chairman of the Peoples Democratic Party (PDP).
Justice Mohammed ordered the sack while delivering judgment in a suit seeking his sack on the account of wrongful nomination for the October 2021 state executive election.
The suit was filed by the candidate, who came second in the election, Mr. Silas Onu.
While Okorie scored a total of 1, 240, Onu scored 260 votes.
But Onu, dissatisfied with the process of the election, asked the court to nullify his (Okorie) victory.
Delivering judgment yesterday, Justice Mohammed agreed with the submission of the plaintiff wherein he held that Okorie was indolent in submitting his nomination form and could not be allowed to benefit from his wrong doing.
According to the Judge, “It is the finding of this court that the second defendant (Okorie), who submitted his nomination form on October 4, 2021, instead of October 1, 2021, contrary to the guidelines of the conduct of congresses is not validly nominated.”
The Judge said he was, therefore, not qualified to contest in the said election of October 16, 2021.
Justice Mohammed consequently directed the PDP to hold that only Onu was lawfully nominated to participate in the election of October 16, 2021, and to issue him a certificate of return declaring him as the duly elected chairman of PDP, Ebonyi State chapter.
The Judge also granted the prayer asking for a declaration that Okorie was not qualified to participate in the October 16 state executive election for failing and refusing to submit his nomination form on or before the fixed deadline of October 1, 2021.
He also granted the prayer asking for a declaration that the second defendant’s participation in the said election was contrary to the clear and unambiguous schedule for the conduct of state congresses, therefore rendering such participation null and void.
Meanwhile, Okorie, barely few hours after the judgment was delivered, filed a notice of appeal seeking a reversal of the judgment.
Okorie, in the appeal filed by his lawyer, Nkemakolam Okoro, has also filed a motion seeking a stay of the judgment sacking him as the party chairman.
In the six grounds of appeal, Okorie argued that the trial court erred in law when it assumed jurisdiction to determine a suit which subject matter is not among the items of Section 251 of the constitution or Section 84(14) of the Electoral Act, which was outside it.
Okorie on another ground argued that the trial Judge erred in law when he held that the dispute between the parties was not an internal or domestic affair of the PDP.
He also argued that the court erred in law when it failed to hold that Onu did not exhaust the internal mechanisms available for resolving such party matters before heading to court.
Speaking to journalists shortly after filing the notice of appeal and motion for stay, Okorie, however, assured members of the state PDP of victory at the end of the day, adding that he remains the chairman of the party.
He also appealed to them to remain calm as a machinery to reclaim his mandate has already commenced.
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