A Federal High Court, sitting in Abuja, the Federal Capital Territory (FCT), has sacked Mr Tochukwu Okorie as the chairman of the Peoples Democratic Party (PDP) in Ebonyi State.
The presiding judge, Justice Ahmed Mohammed, ruled that Okorie was not validly nominated to contest election for the position of the party chairman in the state.
Ruling on the suit filed by Barrister Silas Onu, challenging the election of the sacked chairman, Justice Mohammed held that Okorie was indolent in submitting his Nomination Form and could not be allowed to benefit from his wrong doing.
Justice Mohammed consequently directed the PDP to hold that only Onu was lawfully nominated to participate in the election of 16 October, 2021 and to issue him a Certificate of Return declaring him as the duly elected Ebonyi PDP chairman.
Justice Mohammed disclosed that the second defendant (Okorie) was not validly nominated as he submitted his Nomination Form on 4 October, 2021, contrary to the 1 October, 2021 deadline as set in the guidelines for the conduct of congresses.
The judge said Okorie was therefore not qualified to contest in the said election of 16 October, 2021.
“It is the opinion of this court that the second defendant, who was indolent in submitting his nomination form as provided in the guidelines issued by the PDP, who in spite of this failure, was still declared and returned elected, cannot be allowed to benefit from his wrong doing,” the trial judge said.
Justice Mohammed consequently directed the PDP to hold that only Onu was lawfully nominated to participate in the election of 16 October, 2021 and to issue him a Certificate of Return declaring him as the duly elected chairman of PDP, Ebonyi Chapter.
The judge also granted the prayer asking for a declaration that Okorie was not qualified to participate in the election organised and held by the PDP on 16 October, 2021 for failing and refusing to submit his nominanon form on or before the fixed deadline of 1 October, 2021.
He also granted the prayer asking for a declaration that the second defendant’s participation in the said election was contrary to the clear and unambiguous schedule for the conduct of state congresses, therefore rendering such participation null and void.
The judge had, earlier, dismissed the preliminary objection filed by the PDP where it alleged that Onu did not exhaust the internal mechanisms available for resolving such party matters before resorting to court.
Justice Mohammed also said the application failed because the PDP was silent on when Okorie submitted his Nomination Form.
He described as an admittance of wrong doing the defendant’s failure to deny the allegation of the plaintiff that Okorie submitted his Nomination Form on 4 October, instead of 1 October, 2021.
“The consequence is that the second defendant’s Nomination Form submitted on 4 October, 2021 instead of 1 October, 2021 was submitted out of time,” the judge said
The Ebonyi State chapter of the PDP, it will be recalled, had, on 16 October, 2021, elected Okorie as its new Chairman.
Okorie polled a total of 1,240 votes to defeat Onu, the former publicity secretary of the party in the state who scored 260 votes.
However, Onu, dissatisfied with the process that led to the emergence of Okorie as party chairman in the state, filed a suit challenging the process and listed the PDP and Okorie as defendants.
One of the questions Onu asked the court to determine was whether, upon the failure of Okorie to meet up with the deadline fixed by the PDP for the submission of Nomination Form, Okorie was qualified to contest the election.
