The Court of Appeal in Abuja, yesterday, sacked House of Representatives member, Micheal Enyong, as governorship candidate of the Peoples Democratic Party (PDP) for Akwa Ibom State.
In his place, it restored Umo Eno, a former Commissioner for Land, thus setting aside the January 20, 2023 ruling of a Federal High Court, Abuja.
In the judgment delivered in an appeal filed by PDP, Justice Hamma Akawu Barka held the lower court’s ruling was predicated on errors.
He agreed with PDP’s counsel, Paul Usoro (SAN) and Uwemedimo Nwoko (SAN), that the Federal High Court judgment was delivered in error after being misled by the plaintiff.
The appellate court held that the issue of statutory delegates, who voted at the primary is an internal issue of the party, stating that the lower court ought not to have enquired into the matter.
Justice Barka also agreed with Usoro that only the National Working Committee (NWC) of a political party has powers to conduct primaries for purposes of nominating candidates for general election.
The appellate court further held that since the lower court has no jurisdiction to inquire into the internal affairs of PDP, the judge has no discretion in law to exercise in the matter.
Justice Barka, thereafter, upheld the appeal of the PDP and vacated all orders made in favour of Enyong.
Besides, the court ordered Enyong, who represents Uyo Federal Constituency, to pay N1 million to the appellant as cost of litigation.
