Mr Silas Onu, a member of the People’s Democratic Party (PDP) has appealed the decision of the appeal court
sacking him as the Ebonyi State Chairman of the party.
The appellate court in its decision also restored Mr Tochukwu Okorie as the substantive chairman of the party in the state.
Mr Silas Onu , a former spokesperson of the party, in the notice of appeal raised two grounds for appeal.
Mr Onu and Mr Tochukwu Okorie had contested for the chairmanship position which was held on October 16, 2021.
Mr Okorie polled 1,240 votes to defeat Silas Onu, who scored 260 votes in the election.
Dissatisfied, Onu filed a suit challenging the process and listed the PDP and Okorie as first and second defendants, respectively.
Onu prayed the court to rule whether or not Okorie qualified to contest in the October 16 election even after he did not submit his nomination form within the stipulated deadline.
The Federal High Court in Abuja agreed with him and sacked Tochukwu Okorie as chairman.
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Delivering ruling in the suit on April 13, 2021, Justice Ahmed Mohammed, the presiding judge, held that Okorie was not validly nominated to contest the election having submitted his nomination form on October 4, 2021 – days after the October 1, 2021 deadline.
Justice Mohammed held that Okorie cannot be allowed to benefit from his wrongdoing
“It is the opinion of this court that the second defendant (Okorie) was indolent in submitting his nomination form as provided in the guidelines issued by the PDP,” the judge held.
“In spite of this failure, he was still returned and declared elected. He cannot be allowed to benefit from his wrongdoing.”
Consequently, the judge also directed the party to issue a certificate of return to Onu, declaring him as the duly elected chairman of PDP, Ebonyi chapter.
But Tochukwu Okorie appealed the decision at the Appellate Court arguing that the matter is an internal matter which the lower court should not have entertained in the first place.
The Court of Appeal, Abuja Division on August 15 agreed with him as it nullified and set aside the judgement of the lower court of April 13, 2022.
It, therefore, sacked Mr. Silas Onu as Chairman and restored Okorie as substantive Chairman of the party in the state.
In a unanimous decision, the three-man panel of Justices held that the trial court erred when it assumed jurisdiction to hear the matter being an internal affair of the party which is not justiciable.
Mr Silas in ground one is arguing that the Court of Appeal erred in law when it assumed jurisdiction over the appeal before it, and determined the same.
According to him, the notice of Appeal which commenced the appeal at the appellate Court was a joint Notice of Appeal filed on 22 April 2022 by the Peoples Democratic Party as the 1st Appellant and the instant Respondent, as the 2nd Appellant therein.
“In the course of the Appeal, the Peoples Democratic Party, accepted the judgment of the trial Court and elected to discontinue its appeal.”
