Mr. Tochukwu Okorie the Chairman of the Peoples Democratic Party(PDP) in Ebonyi state has asked the Abuja division of the Court of Appeal to set aside the judgment of the Federal High Court nullifying his nomination and election.
In addition, he has filed a motion asking the Federal High Court to stay the execution or give effect to its judgment pending the final determination of his appeal.
Justice Ahmed Mohammed had in his judgment in suit No: FHC/ABJ/CS/1319/2021, delivered on Wednesday, held that Tochukwu Okorie was not validly nominated to contest election for the position of Chairman of the Peoples Democratic Party (PDP) in Ebonyi.
The court noted that having submitted his nomination form outside the time stipulated by the PDP guidelines for the October 16 election, his nomination and election was invalid.
The court consequently entered judgment in favour of the plaintiff, Silas Onu, who came second in the said election.
But in a swift reaction, Okorie has through his counsel, Nkemakolam Okorie, filed a notice of appeal predicated on six grounds in urging the appellate court to set aside the judgment of the trial court and to dismiss the suit filed by Onu.
He followed it up with a motion for stay of execution brought pursuant to order 32 rule 1 of the Federal High Court (Civil Procedure) rules 2019.
He said the notice of appeal riased serious arguable and recondite points of law before the Court of Appeal with great chance of success at the hearing of same.
He contenteded that the trial judge erred in law in assuming jurisdiction and determining the suit when the subject matter is not one of items or subject matter enumerated in section 25(1) of the 1999 constitution and also not within the contempletion of section 84(14) of the Electoral Act.
That the trial judge errred in law, when he held that the dispute between the parties is not an internal or domestic affair of the PDP, for which the court lacks jurisdiction to entertain.
That the trial judge erred in law, in entering judgment in the suit when the plaintiff failed to exhaust the internal party dispute resolution mechanism enshrined in the constitution of the party, thus rendering the suit premature and incompetent.
Watch Leakblast TV channel from around the world
Call Us: +234(0)8080859239
Get us on Whatsapp: +234(0)8181166425
SUPPORT LEAKBLAST JOURNALISM OF INTEGRITY AND CREDIBILITY
Good journalism costs a lot of money.
For continued free access to the best investigative journalism in the country we ask you to consider making a modest support to this noble Endeavor.
By contributing to LeakBlast, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.