*Ssys applicant Gwede is a busy body litigant, an interloper
Few weeks to governorship election, the candidate of the Peoples Democratic Party, PDP, and Speaker, Delta State House of Assembly, Rt Hon Sheriff Francis Oborevwori, overcame another legsl hurdle as a Federal High Court in Abuja, gave judgment in his favour and PDP, saying that the applicant, Mr Jenkins Gwede, lacked locus and therefore, a busy body litigant.
Honourable Justice Ekwo came heavily on the Applicant while delivering his judgement on Suit No: FH/ABJ/CS/1918/2022, on Thursday 23rd February; and dismissed the case on the grounds that the litigant brought a frivolous action against the Respondents under unjustifiable cause of action.
The judge ruled that Mr Gwede lacked locus to file the suit, being the governorship candidate of Action Alliance Party in Delta State, and cited Section 29(1) of the Electoral Act, which reserved locus to aspirants under same political party, and as such, Mr Jenkins Gwede’s suit suffered a fatal legal lacunas and goofed big time for involving himself in PDP internal affairs as member of another political party.
In swift reaction to the resounding Court Judgement in favour of PDP and her governorship candidate, Spokesperson of Delta PDP Campaign Council, Olorogun Barr Fred Latimore Oghenesivbe, applauded the ruling, saying that the judiciary which is the last hope of the common man has again proven to be reliable and dependable, especially in the instant case.
He commended the legal foresight and deep knowledge of the Law by PDP and Oborevwori’s legal team, noting that the interloper and busy body litigant, Mr Jenkins Gwede, who is a candidate of the unpopular Action Alliance party, was being used by political detractors of the Respondents without basic understanding of legal restrictions encapsulated in the Electoral Act.
“The Honourable Justice Ekwo of the Federal High Court 5, Abuja, today, the 23rd day of February, 2023, dismissed the suit filed by Jenkins Giane Duvie Gwede, seeking the disqualification of Rt. Hon Sheriff Oborevwori.
“Gwede had filed the suit on the spurious ground that PDP did not submit Rt. Hon Sheriff Oborevwori’s name to INEC. The Plaintiff’s based his cause of action on a counter affidavit deposed to by Oborevwori, in a totally different suit, which was pending at the Supreme Court at the time Gwede’s case was filed.
“Upon receipt of the suit, PDP and INEC’s team led by a legal luminary, Ekeme Ohwovoriole, SAN, and Ayo Asala, SAN, filed notices of preliminary objection challenging the Plaintiff’s locus standi to institute the suit.
“The learned Silks also filed a defence on the merit and exhibited Certified True Copy of INEC’s print out showing that PDP submitted Rt. Hon Sheriff’s name to INEC, and asked the Court to dismiss the suit.
“On February 8, 2023, arguments were taken by the trial Judge and judgment reserved for today, February 23, 2023.
“In its judgment, the Learned trial Judge agreed with all the points raised by PDP and Oborevwori’s legal team and subsequently dismissed the case on the strength of the preliminary objection.
“The court held amongst others, that Gwede, who is the governorship candidate of Action Alliance in Delta State, cannot challenge the qualification of PDP’s candidate under section 29(1) of the Electoral Act or under any other section of the Electoral Act, same having been reserved for only aspirants challenging their own political party’s primaries.
“The Court further held that the Plaintiff cannot base his case on a counter affidavit filed in another suit and which suit was still pending on appeal at the Supreme Court.
“On the whole, the Court described the suit as “strange” and came down heavily on the Plaintiff. The Court saw no need to waste precious judicial time on the merit of the case as the Plaintiff has no locus and did not disclose a cause of action.
“The case was consequently dismissed,” Oghenesivbe added.
