Delivering judgement in a suit brought by a gubernatorial aspirant in Akwa Ibom State, Engr Frank Okon who had claimed that he was illegally excluded from the primaries of the Peoples Democratic Party (PDP), on January 15, 2011, which had returned Chief Akpabio as the candidate of the party, Justice Abdul Kafarati held that the Court lacked the jurisdiction to entertain the matter.
Engr Okon had urged the Court to declare him the winner of the PDP governorship primary in Akwa Ibom and subsequently the Governor of Akwa Ibom State. He also sought the declaration of the Court that the primary did not comply with the 2010 Electoral Act.
In his ruling, Justice Kafarati held that since by his own admission, Engr Okon had claimed not to have participated in the governorship primary, he did not have the locus to challenge the said primary. Quoting from an earlier judgement delivered by the Supreme Court, the Judge held that only candidates who participate in an election can complain about the conduct of the primary.
According to the Judge, “I hold that the plaintiff was not a candidate and therefore lacks the locus to challenge the primary,” he said.
The Judge also held that the Court lacked the jurisdiction to entertain the suit since it was purely a party affair and pre-primary issues. “The right to sponsor a candidate is that of a party and is solely for the party to determine who its candidates are. I hold that the plaintiff’s case has no merit and is hereby dismissed,” the Judge said.
In his comments after the judgement, Justice Kafarati regretted that the judgement could not be delivered earlier because he had traveled to the United States of America and the United Kingdom and subsequently the Court had gone for a recess.
Lawyers of the parties who were present in Court commended the Judge for the judgement and pledged to accept it in good faith.
In his ruling, Justice Kafarati held that since by his own admission, Engr Okon had claimed not to have participated in the governorship primary, he did not have the locus to challenge the said primary. Quoting from an earlier judgement delivered by the Supreme Court, the Judge held that only candidates who participate in an election can complain about the conduct of the primary.
According to the Judge, “I hold that the plaintiff was not a candidate and therefore lacks the locus to challenge the primary,” he said.
The Judge also held that the Court lacked the jurisdiction to entertain the suit since it was purely a party affair and pre-primary issues. “The right to sponsor a candidate is that of a party and is solely for the party to determine who its candidates are. I hold that the plaintiff’s case has no merit and is hereby dismissed,” the Judge said.
In his comments after the judgement, Justice Kafarati regretted that the judgement could not be delivered earlier because he had traveled to the United States of America and the United Kingdom and subsequently the Court had gone for a recess.
Lawyers of the parties who were present in Court commended the Judge for the judgement and pledged to accept it in good faith.
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