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An FCT High Court on Wednesday struck out an application filed by a governorship aspirant in Akwa-Ibom, challenging the Peoples Democratic Party (PDP) zoning formula in the state.
The aspirant, Mr Leo Ekpenyong, is challenging the zoning of the 2015 governorship post to Eket Senatorial District, contending that it was undemocratic.
Ekpenyong had in May 12, filed a suit before Justice Abubakar Umar challenging the zoning formula in Akwa Ibom.
He averred that the zoning formula of the party meant excluding some interested aspirants in contesting the forthcoming party primaries in the state.
The plaintiff further alleged that the policy placed a disadvantage on aspirants on account of senatorial district, local government area or their ethnic affiliations.
Justice Abubakar Umar, in his ruling after listening to the submissions of counsel, struck out the matter.
According to the judge, the court has no jurisdiction to entertain the matter on whether the plaintiff qualifies to contest or not.
"It is the High Court of Akwa-Ibom that has the right to hear this case and determine it and not Abuja. That is where the matter lies, it is wrong for the plaintiff to bring the matter to FCT. The plaintiff needs to uphold Order 5, Rule 6 of the High Court Rules, this matter is hereby struck out,’’ the Judge said.
The defence counsel, Mr Victor Kwon had earlier told the court that the plaintiff’s suit was incompetent, and had no locus standi.
According to him, the FCT High Court has no jurisdiction to entertain the matter, and that the suit in question concerned the Akwa-Ibom chapter of the PDP and not Abuja.
Kwon also told the court that the plaintiff had not come out with a public declaration that he would be contesting under the platform of the PDP.
"There is no cause of action as far as the plaintiff is concerned, he is a member of our party but he has no locus standi over this matter. The plaintiff did not pursue the internal remedy of resolving the issue which is contained in the constitution of the party and he did not complain, he ought to have been guided by the provisions of the party.
"Another thing is that the court has no jurisdiction over the matter, the plaintiff ought to have taken this suit to the High Court of Akwa-Ibom,’’ Kwon said.
Mr Victor Iyanam, counsel to the plaintiff said he would appeal against the judgment.
#PDP #AkwaIbom
The aspirant, Mr Leo Ekpenyong, is challenging the zoning of the 2015 governorship post to Eket Senatorial District, contending that it was undemocratic.
Ekpenyong had in May 12, filed a suit before Justice Abubakar Umar challenging the zoning formula in Akwa Ibom.
He averred that the zoning formula of the party meant excluding some interested aspirants in contesting the forthcoming party primaries in the state.
The plaintiff further alleged that the policy placed a disadvantage on aspirants on account of senatorial district, local government area or their ethnic affiliations.
Justice Abubakar Umar, in his ruling after listening to the submissions of counsel, struck out the matter.
According to the judge, the court has no jurisdiction to entertain the matter on whether the plaintiff qualifies to contest or not.
"It is the High Court of Akwa-Ibom that has the right to hear this case and determine it and not Abuja. That is where the matter lies, it is wrong for the plaintiff to bring the matter to FCT. The plaintiff needs to uphold Order 5, Rule 6 of the High Court Rules, this matter is hereby struck out,’’ the Judge said.
The defence counsel, Mr Victor Kwon had earlier told the court that the plaintiff’s suit was incompetent, and had no locus standi.
According to him, the FCT High Court has no jurisdiction to entertain the matter, and that the suit in question concerned the Akwa-Ibom chapter of the PDP and not Abuja.
Kwon also told the court that the plaintiff had not come out with a public declaration that he would be contesting under the platform of the PDP.
"There is no cause of action as far as the plaintiff is concerned, he is a member of our party but he has no locus standi over this matter. The plaintiff did not pursue the internal remedy of resolving the issue which is contained in the constitution of the party and he did not complain, he ought to have been guided by the provisions of the party.
"Another thing is that the court has no jurisdiction over the matter, the plaintiff ought to have taken this suit to the High Court of Akwa-Ibom,’’ Kwon said.
Mr Victor Iyanam, counsel to the plaintiff said he would appeal against the judgment.
#PDP #AkwaIbom
