The Federal High Court sitting in Abuja, has sacked Mr. Tochukwu Okorie, Chairman of the Peoples Democratic Party (PDP) in Ebonyi State.
The Court on Wednesday, said the sacked chairman was not validly nominated to contest election into the position of Chairman of the
Delivering judgment in the suit filed by Mr Silas Onu, challenging the election of Okorie, Justice Ahmed Mohammed held that Okorie was indolent in submitting his nomination form and could not be allowed to benefit from his wrongdoing.
The judge held that “It is the finding of this court that the 2nd defendant (Okorie) who submitted his nomination form on October 4, 2021, instead of October 1, 2021, contrary to the guidelines of the conduct of congresses is not validly nominated and therefore not qualified to contest in the said election of October 16, 2021.
“It is the opinion of this court that the 2nd 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 wrongdoing.”
Justice Mohammed consequently directed the PDP to hold that only Onu was lawfully nominated to participate in the election of October 16, 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 organized and held by the PDP on October 16, 2021, for failing and refusing to submit his nomination form on or before the fixed deadline of October 1, 2021.
He also granted the prayer asking for a declaration that the 2nd 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.
Justice Mohammed 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 heading to court and added that the application failed because the PDP was silent when Okorie submitted his nomination form.
He said that he found the defendant’s failure to deny the allegation of the plaintiff that Okorie submitted his nomination form on October 4 instead of October 1, 2021, as an admittance of wrongdoing.
“The consequence is that the 2nd defendant’s nomination form submitted on October 4, 2021, instead of October 1, 2021, was submitted out of time.”
Ebonyi chapter of the PDP, on October 16, 2021, elected Okorie as the new chairman of the party in the state. He polled a total of 1,240 votes to defeat Onu, the former state publicity secretary of the party who scored 260 votes.
Onu, however, dissatisfied with the process which led to the emergence of Okorie as chairman of the party 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 the nomination form, Okorie was qualified to contest the election.
However, irked by the judgement, Okorie has approached the Abuja Division of the Court of Appeal, asking it to set aside and stop the execution of the Federal High Court verdict that declared Silas Onu as Chairman of PDP in Ebonyi state.
In the notice of appeal predicated on six grounds filed on Wednesday, Okorie held that the trial court erred in law when it agreed with Onu that his own nomination form was not submitted within the stipulated time by the Party guideline.
Okorie also argued that the internal mechanism of resolving such a problem in the party was not explored before approaching the court.
He asked the appellate court to hold that he remains the authentic Chairman of the party until legal avenues are fully explored.
Meanwhile, Okorie has urged PDP members in Ebonyi not to panic over Wednesday’s judgment, adding that he will continue to deliver on the mandate bestowed on him on October 16, 2021, during the PDP elective congress.
