Imo: Court Strikes Out Case Against PDP |The Source

An  Imo State High Court sitting in Owerri, on  Monday, 1st February, 2021, struck out the suit filed by Patrick Agukwe &  two Others  against the State PDP & 17 Others.

In Suit No. HOW/220/2020, the plaintiffs were asking for the nullification of Imo PDP State Congresses which were  conducted in between March-August, 2020.

Their grouse was that their supporters were allegedly denied access to  buy

nomination forms to participate in the PDP Ward Congresses held in Mach, 14th 2020 as it affects Oru East, Orlu and Orsu Federal Constituencies.

But delivering judgement the  Hon. Justice E.F. Njemanze held that the grievances of the Plaintiffs were intra-party matters which the Court has no powers to delve into.

He said that the Courts  in several cases, had held that  Courts have no business adjudicating on matters relating to the internal management and leadership of a political party unless where a party goes against its own constitution.

In the instant case, the Court held that the Plaintiffs did not show from their Statement of Claim that there was any serious breach of the PDP Constitution in the conduct of the Congresses, rather they were disputing matters within the purview of the party to decide and determine.

Citing various provisions of the PDP Constitution, the Court found that it  provided adequate remedies for any member who is aggrieved by the decision or action at any level of the party to appeal to the upper level of the party. The Court also cited the provisions of the PDP Constitution which states that parties must exhaust the internal mechanisms for dispute resolution before seeking remedies in our regular Courts.

The Court found that there was no where in the affidavit of the Plaintiffs where they adduced even the minutest evidence that they complied with the provisions of their own party constitution.

The Judge dismissed the  suit as an attempt to jump the gun and held that the Court lacks jurisdiction to dabble into the internal affairs of political parties.

The Court struck out the suit and awarded cost of N20,000 against the Plaintiffs.

1. N Nnawuchi Esq. appeared for the PDP while C. K Okorie Esq. appeared for the Plaintiffs.