The Court of Appeal sitting in Abuja has dismissed an appeal by the Allied Peoples Movement, APM, seeking to disqualify Peter Obi, the presidential candidate of the Labour Party, LP, from the February 25 general election.

In the appeal marked: CA/ABJ/CV/1414/2022, the Movement had approached the court, contending that the Independent National Electoral Commission, INEC, ought not to have recognized Peter Obi as a valid candidate for the presidential poll.

APM said this was in consideration of the time Obi defected from the Peoples Democratic Party, PDP, to the LP.

The party argued that the period of Obi’s defection for the purpose of contesting the presidential election was in violation of sections 77(2) and (3) of the Electoral Act, 2022.

They also argued that before Obi’s defection, the LP already sent a list of its registered members to the INEC.

According to the appellant, Obi lacked the right to be recognized as the LP flagbearer because his name was not on the list of the party members that was submitted to INEC.

APM further urged the court to set aside the Federal High Court judgment which dismissed the suit it filed to challenge Obi’s candidacy.

In a unanimous decision by a three-member panel of Justices, the appellate court said there was no merit in the appeal filed by APM.

The appellate court, however, held that the suit was not an abuse of the judicial process, waving aside the argument by both Obi and the LP that the suit was statute barred.

The court noted that whereas Obi resigned from the PDP on May 24, 2022, INEC published his name as a candidate for the LP on September 20, 2022.

It equally noted that the APM, being a registered party, filed its suit on September 30, 2022 after the publication of Obi’s name.

“Since the suit was filed exactly 11 days after Obi’s name was published by INEC, it was not caught by the 14 days limitation stipulated in Section 285 (9) of the 1999 Constitution, as amended, and therefore not statute barred,” it held.

The court held that by INEC publishing Obi’s name, “it has done no more than comply with provisions of the Electoral Act”.

Also, the appellate court held that though the APM alleged that Obi’s name was not on the register the LP submitted to INEC, it failed to present the said register in evidence.

Consequently, the appellate court struck out the suit and all the reliefs the party sought before the trial court and awarded a sum of N200,000 each, to both LP and Obi.

The panel, which was led by the President of the Court of Appeal, Justice Monica Dongbam-Mensem, also had Justices Danlami Senchi and Ugochukwu Ogakwu.

IamAtikulate:
You even have time to educate them.

The funniest thing is that is their strongest case against PO

Penguin2:

The reason I always do this is for the public to be aware of what the law provides so that the Judiciary can not erroneously hold onto it as the reason for whatever funny judgment they may have been paid to give.

Let the world see what the law provides.

That there’s no punishment for one’s name not being found in the party register.

And that APC supporters are rejoicing in ignorance and on hollow ground.

shortgun:
Something that will just be thrown out for abuse of court process.

1.It's a pre election matter,
2.you have only 14 days to challenge a pre election matter.
3. Only an aspirant in a party that has the locus standi to challenge a candidate of the same party.

That Wole Olanipekun should really go for a brain scan.
A SAN who was busy citing an outdated law that was no longer existing at the tribunal.

IamAtikulate:

Wole is nothing without Ikpeazu SAN backing him up as the lead INEC counsel.

Check all the cases he handled without Ikpeazu.

He faile woefully.

The fraud was the same person that said Tinubu's Guinea citizenship expired with the expiration of his passport

GeneralPula:
Section 77(3) states, inter alia, “[b]Each political party shall make such register available to the commission not later than 30 days before the date fixed for the party primaries, congresses or convention.” Full Stop, nothing more, nothing less.

What I’m saying is that that section did not state what the consequence for not submitting such register would be nor did it state that only those whose names were found in such register would be eligible for election.

You’ve acknowledged the fact that Obi isn’t a member of Lp! Now, wait for court judgements! Quoting sections after sections is stress. Case is in court for judge to judge it!


Obi will stop coming to court as from henceforth. Y’all will see!

As for this Op, he’s good at deceiving headless mob so nothing new..

Jogs1900:

What Tinubu is saying is that Obi is not a LP member by presenting LP register hence no mandate to claim.
Even if there was a waiver, did they update the party register?NO
It's not debatable.

Jogs1900:

What Tinubu is saying is that Obi is not a LP member by presenting LP register hence no mandate to claim.
Even if there was a waiver, did they update the party register?NO
It's not debatable.

basilo102:

Only those whose name are in the register have the power to question Obi on the matter

basilo102:

Only those whose name are in the register have the power to question Obi on the matter

Jogs1900:

What Tinubu is saying is that Obi is not a LP member by presenting LP register hence no mandate to claim.
Even if there was a waiver, did they update the party register?NO
It's not debatable.

GeneralPula:

Right..

Their can’t even be a waiver as waiver is only for valid party members..

Jogs1900:

Did he apply for waiver or not?

Penguin2:


Which law said a political party should update its register after submitting it to INEC?

Penguin2:

Define valid and invalid members of a political party.

fergie001:
I loved the back and forth arguments on my thread ...
And I learnt more, Kudos guys

https://www.nairaland.com/7753103/obi-not-member-labour-party

To end the matter is to browse through previous Supreme Court decisions.

Jurisdiction is like a gate to a house, which when closed, you cannot get access to that house.

No matter how finely delivered a judgement is, without jurisdiction it is null and void.

When the Principal relief in a case is without jurisdiction, it is incumbent that the suit filed be dismissed (SC in Tukur v Government of Gongola State 1989).

In the following decisions of the Supreme Court:

PDP v Sylva, PDP v Ortom, Agi v PDP, Ufomba v INEC, Onyeagocha v Onyewuchi, Ita Enang v Akanimo Udofia, PDP v Shettima...

The Apex Court has maintained one thing that leadership and membership issues are pre-election matters which the Court has no business with.

They are domestic affairs of the Political Party.

The Principal claim by the respondents touches on membership issues (the reason the register was tendered), hence will definitely be thrown out by the Court.

Again, the respondents has not shown any personal injury that Obi's membership or otherwise has caused them.

They are meddlesome interlopers, busybodies and have acted like paid mourners hired to cry more than bereaved (per Nweze in PDP v Ortom)

In PDP v Sylva, the Apex Court was apt.... It is not the responsibility of the Court to pick Candidates for the Party, neither is it the job for non-party members and worse still non-aspirants who didn't participate in the primaries of that party to intervene.

Penguin2:

Do you have proof he was not?

GeneralPula:

I think a political party Membership is different from party candidacy nominations (this is purely internal affair & I think this is what you’re saying)..

fergie001:


You have to be a member of a Party before you seek nomination and/or candidacy. So be it membership, sponsorship, nomination....

Jogs1900:

Why did they not update his name in the party register.

If your name is not in the party register, it clearly shows you are not a member of that political party and that is what Apc lawyers are saying.
Let's see how they will prove that and the umpire is not aware.
Inec is the umpire here.

GeneralPula:

Valid member - party members registered at INEC within the lawful time frame, according to law..

Invalid member - party members that are not registered at INEC within the lawful time frame, according to law..

Jogs1900:

That is one of the cases before the court.
This is the first time a political party will allow an usurper to be it's presidential candidate.


Let's wait and see .

Penguin2:

Have you seen the current Labour Party register and his name is not there?

Are you even aware that your APC is relying on Labour Party register as April 22, 2022? Are you aware?

Penguin2:


For every law, the constitution provides the punishment for not obeying it.

That’s why you see things like 21 years imprisonment, 14, 10 years, etc.

For the elections, you see the Electoral Act specifying disqualification, 10million naira fine, etc, for some offences and for failure to keep to certain provisions.

Now, I ask again, why did the law stipulate as punishment for someone whose name was not found on the register submitted 30 days before elections? Or are you waiting for the judiciary to manufacture punishment out of the thin air for you?

fergie001:
I loved the back and forth arguments on my thread ...
And I learnt more, Kudos guys

https://www.nairaland.com/7753103/obi-not-member-labour-party

To end the matter is to browse through previous Supreme Court decisions.

Jurisdiction is like a gate to a house, which when closed, you cannot get access to that house.

No matter how finely delivered a judgement is, without jurisdiction it is null and void.

When the Principal relief in a case is without jurisdiction, it is incumbent that the suit filed be dismissed (SC in Tukur v Government of Gongola State 1989).

In the following decisions of the Supreme Court:

PDP v Sylva, PDP v Ortom, Agi v PDP, Ufomba v INEC, Onyeagocha v Onyewuchi, Ita Enang v Akanimo Udofia, PDP v Shettima...

The Apex Court has maintained one thing that leadership and membership issues are pre-election matters which the Court has no business with.

They are domestic affairs of the Political Party.

The Principal claim by the respondents touches on membership issues (the reason the register was tendered), hence will definitely be thrown out by the Court.

Again, the respondents has not shown any personal injury that Obi's membership or otherwise has caused them.

They are meddlesome interlopers, busybodies and have acted like paid mourners hired to cry more than bereaved (per Nweze in PDP v Ortom)

In PDP v Sylva, the Apex Court was apt.... It is not the responsibility of the Court to pick Candidates for the Party, neither is it the job for non-party members and worse still non-aspirants who didn't participate in the primaries of that party to intervene.

Penguin2:

Let’s suppose there’s any invalid members according to your definition.

Now, what did the law say it should happen to your “invalid members”?