The hope of the Peoples Democratic Party (PDP) to hold a crisis-free presidential primary appear to have been threatened as the party and one of its presidential aspirants, Cosmos Ndukwe lock horn in court.

Mindful of the consequences of allowing the hearing of a suit filed by Ndukwe in a Federal High Court in Abuja seeking to halt the primary election, the PDP approached the Federal Court of Appeal in Abuja to quash the suit.

The party challenged the authority of the Federal High Court to hear the suit. Ndukwe had asked the lower court to stop the party’s Primary Election Planning Committee headed by Senator Samuel Anyanwu from going ahead with the exercise after he was declared ineligible to participate in the primary. He was accused of anti-party activity.

Ndukwe specifically prayed the court to halt the presidential primary until his suit is determined.

In the suit marked FHC/ABJ/CS/508/2022, filed an ex-parte application, the Abia State Commissioner for Trade and Investments is also seeking the zoning of the presidential ticket to the South-East geopolitical zone.

Though the presiding judge, Justice Donatus Okorowo did not grant the plaintiff’s request, there was however a twist when he asked the party and the Primary Election Planning Committee to appear before the court on May 5 to show cause why the exercise should not be stopped at the instance of the suit brought before him by Ndukwe.

Not satisfied by the decision of the court, the Primary Election Planning Committee Chairman, Senator Anyanwu filed a notice of appeal at the Court of Appeal in Abuja praying that the order of Justice Okorowo be set aside.

Among others, the appellant, (Senator Anyanwu) claimed that the Judge erred in law by denying him fair hearing in breach of section 36(1) of the 1999 Constitution.

He asserted that the originating summons of the plaintiff was not ripe for hearing and that the time for him to file counter affidavit against the suit had not lapsed when the Judge gave the order.

The appellant claimed that the court erred in law when it failed to advert its mind to the provision of Section 84 (15) of the Electoral Act, 2022, before making the order to show cause.

Senator Anyanwu further asserted that the judge erred in not directing the plaintiff to put him (Anyanwu) on notice but rather, directed him to show cause on an ex-parte application anchored on an incompetent originating summons.

“The learned trial judge erred in entertaining an exparte motion which seeks to stop the presidential primary election of the appellant without hearing notice,” Anyanwy had argued.

Anyanwu, therefore asked the court, in the Notice of Appeal filed on April 28, 2022, to allow the appeal and set aside the ruling of the Federal High Court asking the PDP to show because why the presidential primary election should not be stopped.

He also argued that Ndukwe’s originating summon was not ripe for hearing, adding that the time for him (Anyanwu) to file counter affidavit against the suit had not lapsed when the Judge gave the order.

Anyanwu further argued that the Justice Okorowo erred in not directing Ndukwe to put him on notice but, rather directed him to show cause on an ex-parte application allegedly anchored on an incompetent originating summon. (Daily Sun)

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