Nigeria Content Online

The Federal High
Court in Abuja has cleared the governor of Enugu State, Sullivan Chime,
as the governorship candidate of the Peoples Democratic Party in the
state.

The court dismissed
a suit filed by governorship candidate of the Platform Party, Anayo
Onwuegbu, on the ground that it constitutes an abuse of court process.

Judge Abdul
Kafarati ruled that the PDP has already submitted the name of Mr Chime
as its candidate for the election contrary to the claim of the
plaintiff, Mr Onwuegbu.

The court also ordered the defendants to file their counter affidavit against the plaintiff’s claim within the next two days.

Mr Kafarati also
resolved the issue of jurisdiction in favour of the plaintiff, saying
that the court has jurisdiction to hear his case and adjourned the
matter till February 23 for hearing.

The commission had
on February 14, told the court to vacate the interim order restraining
it from giving recognition to Mr Chime as the governorship candidate of
PDP in Enugu State.

INEC told the
court through its lawyer, Onyechi Ikpeazu, that if the interim order
was not vacated, it may affect the chances of the party fielding a
gubernatorial candidate for the scheduled April general elections in
Enugu State.

The order of the
court, handed down on January 31, had also stopped PDP from submitting
Mr Chime’s name to the INEC as its candidate for the said poll pending
the hearing and determination of the suit filed by the plaintiff and 38
other contestants challenging Mr Chime’s candidacy.

Even though the
court ordered the PDP not to submit the list of its candidates for
Enugu State to INEC, the party had last Monday informed the court that
it had already sent Mr Chime’s name to INEC before the order was made.

The party, which
was represented in court by its national legal adviser, Olusola Oke,
equally urged the judge to set aside the restraining order, contending
that the high court lacks the jurisdiction to stop an already perfected
act.

It argued that it
forwarded the name of Mr Chime alongside other candidates vying for
various positions in the state to INEC on January 17, for publication
before the restraining order was made.

In dismissing the
suit filed by the Onwuegbu and his running mate, Ogbu, Mr Kafarati
noted that the issue in question is subject matter of litigation in
another court.

Mr. Kafarati said the suit lacks merit and accordingly dismissed it.