FHC Affirms Obioma As Valid PDP Reps Candidate For Oshodi/Isolo 2 Constituency

The Federal High Court Lagos, under Justice Oweibo has affirmed the nomination of Hon. Ebenezer Ken Obioma as the validly elected candidate of the People’s Democratic Party (PDP) for the Oshodi/Isolo II federal constituency in Lagos State.

The Court in its judgment on Wednesday dismissed the suit filed by Mr Adeoye Adelaja who claimed to have won the election.

Adelaja filed the Suit No. FHC/L/ 1227/2022 seeking amongst other reliefs a declaration that the PDP is obliged to apply and comply with the provision of section 84(5)(C)(ii) of the Electoral Act, 2022 for the primary in the selection or nomination of a candidate for the Oshodi/Isolo 2 Federal Constituency in 2023 general election.

Premised on the declaratory relief, the plaintiff sought an order mandating PDP to forward his name as a validly nominated candidate for the 2023 general election and an order nullifying the forwarding of the name of Hon. Obioma or any other person as the PDP candidate.

The plaintiff equally sought alternative reliefs nullifying the nomination of Hon. Obioma and an Order mandating PDP to refund the plaintiff the sum of N20 Million being the cost of the Nomination and Expression of Interest Form paid by the Plaintiff.

The PDP and the third defendant, Hon. Obioma opposed the Suit and indeed filed robust Defence processes.

Hon. Obioma Ken Ebenezer through his lawyer, Mr Prince I. Nwafuru, a Partner at The Law Suit had argued that the plaintiff failed in all respects to prove his case.

Mr Nwafuru in his arguments at the hearing demonstrated that the case of the plaintiff was built on nothing as he failed to exhibit the result of the purported Primary held on 06 June 2022 which he claimed to have won.

In a well-considered judgment, the Court dismissed the case of the plaintiff and held that he was unable to present the result of the election which he purportedly won – a fundamental defect and lacuna in his case as one cannot place something on anything and expects it to stand.

The Court noted that the third defendant, Hon. Obioma not only tendered a valid result sheet he went further to exhibit other documents to show that he won the valid Primary held on 22 May 2022 and that his name was validly submitted to INEC as the authentic Candidate of PDP for Oshodi/Isolo 2 Federal Constituency.

The Court in agreeing with the lawyers of PDP and the third Defendant also refused the alternative reliefs seeking to recover the sum of N20 Million paid by Plaintiff for the purchase of Nomination and Expression of Interest Forms.

It was further stated that in his written and oral arguments, Mr Nwafuru argued on behalf of Hon. Obioma that: the third Defendant (Hon. Obioma) was and remains the winner of the primary election held on 22 May 2022 having scored the highest number of votes cast at the election as shown by the valid result sheet exhibited by the third Defendant in his Counter Affidavit to the Originating Summons.

The decision of PDP to conduct repeat Primaries on 06 June 2022 across Lagos State was because of the issues that arose from the Primaries held in other Constituencies outside Oshodi/Isolo 2 Federal Constituency.

The primary election held in Oshodi/Isolo 2 Federal Constituency on 22 May 2022 was and remains valid and the third Defendant emerged as the winner of that election, which according to the report was further confirmed by the PDP National Working Committee (NWC) and National Executive Committee (NEC).

According to the report the repeat primary election of 06 June 2022 which the plaintiff premised its purported victory, was inconclusive as shown by the Independent National Electoral Commission (INEC) report that was exhibited by the plaintiff and the defendants.

INEC report revealed that the primary election of 06 June 2022 was not monitored by INEC because of the violence that characterized the whole exercise.

INEC in the said report concluded that the primary election was inconclusive, and it was shown that in the absence of any conclusive primary and valid result, the case of the plaintiff collapsed like a house of cards.

The inconclusiveness of the 06 June 2022 primary prompted the NWC and NEC of PDP to hold an emergency meeting where it agreed to rely on the primary election held on 22 May 2022 which was adjudged free and fair.

The failure to produce the result sheet of the primary election which he claimed to have won is not only fatal to the plaintiff’s case but goes to show that either the plaintiff doesn’t have any result at all or that if he has a result which is adverse to his case.

The Court had on the same day earlier dismissed a related Suit (Suit No. FHC/L/CS/1006/2022) filed by one Mr Adewunmi Alade Benjamin against PDP, INEC and Hon. Ken Obioma Ebenezer challenging the same primary election. Benjamin in his own case claimed that he won both primaries held on 22 May 2022 and 06 June 2022.

The third defendant was represented by Chief Wakeel Olawale Liady of The Bridge Chambers. Similar arguments were also advanced in this case.