A chieftain of the Abia State chapter of the Peoples’ Democratic Party (PDP), Chief Ikedi Emenike has faulted the Supreme Court judgment which confirmed Governor Theodore Orji as PDP’s candidate for the April 2011 gubernatorial election in Abia State.
The five man panel of justices led by Justice Afolabi Fabiyi had unanimously dismissed an appeal by Chief Emenike who had asked the court to hold that he was the one who won the party’s primary and should therefore be declared the party’s candidate.
Emenike had claimed in his suit that he was screened, cleared and duly elected at a primary election conducted by the state Executive Committee of the PDP after the state’s exco modified the party’s electoral guidelines.
But the court held that Emenike failed to substantiate his claim that he was the duly selected person to run for the office of governor under the platform of the PDP.
However, in a press statement signed by Emenike on May 27, he expressed disappointment by the judgment and maintained that the position of the apex court justices has only marked another beginning in his struggle to liberate Abia State.
He contended that the justices treated him in their judgment as a hostile alien in his own country, Nigeria.
“Where will a citizen go if he or she is severely aggrieved? Yet, we must continue to support and have faith in our noble institution of justice in the struggle to develop our country.”
The PDP chieftain said that despite the current setback, his resolve had not waned. “I have been strengthened by the outpour of emotions of support and solidarity from the good people of the state and from other Nigerians both at home and abroad.”
Chief Emenike asked Abia people to keep faith in the struggle which he said was not yet over. “We must always remember that Abia is God’s own state. For this reason, let us not allow our current grief and disappointment to make us lose faith in the destiny and promise of God for our dear state. Our struggle must continue. The matter is not yet over.”
The PDP chieftain however used the opportunity to thank his supporters within the party, the traditional rulers in the state and the entire people of Nigeria and Abia State in particular.
The Supreme Court had held last Friday that Emenike was not cleared by the leadership of the PDP and as such, did not participate in the primary authorised and organized by the National Executive Committee of the party.
The court found as a fact that Emenike did not take part in the primary authorised by the leadership of the PDP.
Justice Fabiyi said:”The appellant, as extant in the record of appeal, and admitted by him, did not take part in the primary election authorised and organised by the national working committee of the party.
“Since he did not take part in the valid primary election, to my mind, he had no competent cause of action to activate the jurisdiction of the trial court.”
The court established the fact that Orji was cleared by the Gubernatorial Screening Panel set up by PDP’s NEC.
Justice Fabiyi noted that having not participated in the primary recognised by the PDP, Emenike had no right to challenge the emergence of Orji as the party’s candidate.
After dismissing his appeal, the court ordered Emenike to pay each of the respondents (there are four of them) the sum of N50, 000.00 each as costs.
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