A’Court Affirms Obi’s Candidacy, Fines APM N200,000

The Court of Appeal on Wednesday affirmed Peter Obi as the presidential candidate of the Labour Party in the February 25 elections.

In a unanimous decision, the appellate court struck out the appeal challenging Obi’s candidature and awarded N200,000 each in favour of the Independent National Electoral Commission and the LP.

The court held that the appellant, who also filed suit at the lower court, has no locus standi to institute the action.

Justice Ugochukwu Ogakwu, who led the three-member panel in the judgment, held that the trial court was right in its decision.

The appellant had contended that Obi was not qualified by the circumstances of his emergence as a candidate for the LP.

The suit marked CA/ABJ/CV/1414/2022 had Independent National Electoral Commission, and the Labour Party as first and second respondent, respectively.

Peter Obi, the presidential candidate of the Labour Party, is the third respondent, while the appellant is the Allied Peoples Movement.

The Federal High Court sitting in Abuja dismissed a suit seeking the disqualification of Obi.

The APM had petitioned the trial court for an injunction prohibiting the first defendant from acting, recognising, or giving effect to, or dealing with the name of Obi as a candidate of the LP in the upcoming 2023 presidential election.

In his decision, Justice James Omotosho dismissed the case because the plaintiff failed to provide sufficient evidence to support the request.

In an originating summons, the plaintiff sought, among other reliefs, “a declaration that, in view of Section 131(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“The third defendant should be disqualified from taking part in or otherwise contesting the 2023 presidential election fixed for February 25, 2023.

“Also, on the fact that the third defendant became a registered member of the second defendant less than 30 days to the party’s presidential primary election.

“This was held on May 30, 2022, and the 3rd defendant, herein, is disqualified and ineligible to contest the 2023 presidential elections as the candidate or flag bearer of the 2nd defendant.”

Dissatisfied with the judgment, the party headed to the appellate court.

However, the appeal court, in its wisdom, held that the lower court was right and struck the appeal for lack of locus standi.