A Federal High Court in Enugu struck out a suit on Friday that sought to disqualify all Peoples Democratic Party (PDP) candidates in Enugu State from the 2023 elections. The action, filed by Chika Idoko— the African Democratic Congress (ADC) candidate for the Enugu North Senatorial district— was dismissed for lack of locus standi in case No. FHC/EN/CS/217/2022.
Idoko had sued the Independent National Electoral Commission (INEC), the PDP, and all its Enugu candidates, alleging that the party’s primary election violated Section 77 of the Electoral Act and should therefore be voided, with penalties under Section 84. Through counsel T. Ekpenyong, Idoko argued that the PDP submitted its membership register to INEC on 6 May 2022, less than 30 days before the primary, contrary to the law. He presented a letter from the first defendant showing the alleged breach.
The defendants—including the PDP, its gubernatorial candidate Barr. Peter Mbah, and various National and State Assembly candidates—contended that Idoko, as an ADC member, lacked standing and that the suit was statute‑barred because it was filed out of time. Represented by Onyechi Ikpeazu, SAN, Anthony Ani, SAN, Justina Offia, SAN, and Ogochukwu Onyekwuluje, they argued that although the issue arose on 6 May, the plaintiff waited until September to bring the action.
Justice Folashade Giwa‑Ogunbanjo ruled that the case was not statute‑barred, as it was filed within 14 days of the first defendant’s publication of candidate names. However, she found that Idoko lacked locus standi because he was neither an aspirant nor a member of the PDP. Consequently, the court struck out the suit, stating: “This court lacks jurisdiction to hear the originating summons because it would be an exercise in futility. Where the plaintiff lacks locus standi to maintain the matter, the court lacks jurisdiction to entertain the suit.”
The PDP Campaign Council welcomed the judgment, calling it a victory for democracy that aligns with previous judicial decisions. In a statement, Council Director of Public Communications and Spokesperson Nana Ogbodo urged opposition parties to use the remaining campaign period to present their manifestos to the electorate. He thanked party supporters and encouraged them to ensure their voter cards are ready for the elections on 25 February and 11 March 2023.
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