By Chukwudi Nweje
The Federal High Court in Lagos has affirmed the election of Ebenezer Ken Obioma as the People’s Democratic Party (PDP) candidate for Oshodi/Isolo II Federal Constituency in Lagos State.
It dismissed two separate petitions challenging the primary that produced the candidate.
In the first suit, No. FHC/L/ 1227/2022, one Mr. Adeoye Adelaja amongst other reliefs sought a declaration of the court for the nullification of the election of Obioma as the candidate of the PDP; an order nullifying the forwarding of Obioma’s name or the name of any other person to the Independent National Electoral Commission (INEC) as the candidate of PDP; an order that the PDP is obliged to apply and comply with the provision of section 84(5)(C)(ii) of the Electoral Act, 2022 for the primary in the selection or nomination of a candidate for the Oshodi/Isolo 2 Federal Constituency in 2023 general election; and an order mandating PDP to forward his own name as validly nominated candidate for 2023 general election. He also sought an alternative relief for an order mandating PDP to refund to him the sum of N20 Million he paid for the nomination and expression of interest forms.
The second suit No. FHC/L/CS/1006/2022) filed by one Mr. Adewunmi Alade Benjamin listed the PDP, INEC and Ebenezer Ken Obioma as 1st, 2nd and 3rd defendants respectively.
In the judgement, the trial judge, Justice Oweibo, dismissed the suit and held that the plaintiff was unable to present the result of the primary election that he purportedly won.
The court held that the third defendant, Obioma not only tendered a valid result sheet, but that he also exhibited other documents to show that he won the valid primary held on May 22, 2022, and that his name was validly submitted to INEC as the authentic Candidate of PDP for Oshodi/Isolo 2 Federal Constituency.
The Court also refused to grant the alternative relief seeking to recover the sum of N20 Million paid by the plaintiff for the purchase of nomination and expression of interest forms.
Counsel to the 3rd defendant, Mr Prince I. Nwafuru had argued Obioma won the valid primary election held May 22, 2022, having scored the highest number of votes cast at the election as shown in the valid result sheet.
Nwafuru said PDP National Working Committee (NWC) and National Executive Committee (NEC) adopted the primary of May 22 after an emergency meeting because the repeat primary of June 6, 2022, was inconclusive.