In a landmark declaration, the Supreme Court in Abuja ruled on Friday that only the nominated governorship candidate of a political party has the exclusive right to select the party’s deputy governorship candidate.
The Apex Court delivered the judgment in an appeal brought forward by Igwe Phillip Okey, the former deputy governorship candidate of the Peoples Democratic Party (PDP) in Abia State. Okey aimed to overturn the August 31 judgment of the Court of Appeal in Abuja, which upheld the July 3 judgment of the Federal High Court, Abuja that dismissed his suit seeking to compel the PDP to maintain him as its deputy governorship candidate in the last election.
Justice Uwani Abba-Aji authored the lead judgment, which was read on Friday by Justice Emmanuel Agim. The Apex Court decisively addressed the key question raised by Okey.
The Supreme Court affirmed that according to Section 187(1) of the Constitution, it is the constitutional right of the governorship candidate to nominate the deputy governorship candidate. Additionally, it emphasized that the right to appoint a deputy governorship candidate is personal to the governorship candidate.
The Apex Court also highlighted that in the event of the death of a governorship candidate, the nomination of the deputy governorship candidate expires with the deceased governorship candidate. It firmly stated, “You cannot impose the deputy governorship candidate chosen by the dead candidate on the new governorship candidate.”
Describing Okey’s case as a futile pursuit, the Supreme Court upheld the August 31 judgment of the Court of Appeal and dismissed the appeal. Moreover, it imposed a cost of N200,000 against the appellant.
Prior to the 2023 governorship election, the PDP held its primary on May 25, 2022, where Prof. Uchenna Ikonne emerged as the party’s governorship candidate. Subsequently, Professor Ikonne nominated Okey as the party’s deputy governorship candidate.
Unfortunately, on January 25, 2023, prior to the election, Professor Ikonne passed away, leading the PDP to conduct a fresh primary on February 4. During this primary, Ambrose Ahiwe was nominated as the new governorship candidate by the party.
Upon his nomination, Ahiwe selected Chukwudiebube Jasper Uche as his running mate, a decision vehemently opposed by Okey in a suit filed before the Federal High Court in Abuja.
The Federal High Court, in its judgment on July 3, declared the suit as lacking in merit and subsequently dismissed it. This decision was appealed by Okey to the Court of Appeal.
On August 31, the Court of Appeal affirmed the earlier decision of the Federal High Court, dismissed Okey’s appeal, and imposed a cost of N500,000 against him. Unsatisfied, Okey once again appealed to the Supreme Court.
