Senate 2023: Enoidem floors Inibehe Okorie as court dismisses case for lack of diligent
A Federal High Court sitting in Uyo on Thursday dismissed as lacking in diligent Prosecution a suit seeking amongst others things, the declaration of Barr Emmanuel Enoidem’s victory as the PDP Candidate for the Akwa Ibom Northwest Senatorial District seat in the 2023 general election as nullity, following an order of the Federal High Court directing all parties to maintain Status Quo Ante Bellum in a suit marked FHC/ABJ/CS/606/2022 between Rt. Hon. Friday Iwok and 30 Ors V. Independent National Electoral Commission and 330 Ors.
Immediately after PDP Primaries which he boycotted, Chief Inibehe Okorie had approached the Court to challenge Barr Emmanuel Enoidem’s emergence as the Standard Bearer of the PDP on grounds that, the Primary elections of the PDP for the position of the Senate of Akwa Ibom Northwest Senatorial District held on May 23, 2022 was conducted in breach and disobedience to a pending order of the Court.
“”That the Primary election of the PDP for Akwa Ibom Northwest Senatorial District conducted in breach and clear violation of a pending court order was defective, illegal, wrongful, null and void and should not be accorded legal effect.
That the court should issue an order of injunction restraining INEC from accepting, recognizing, acknowledging or putting on the ballot, Barr Emmanuel Enoidem’s name as the Senatorial Candidate of the PDP for Akwa Ibom Northwest Senatorial District in the general election””.
Chief Okorie equally sought that, the court should mandate PDP to conduct fresh election for the nomination of Candidate for Akwa Ibom Northwest Senatorial District sit in the 2023 general election and that it should be monitored by INEC.
As part of his relief, Chief Okorie equally sought the court to declare as unconstitutional, illegal, unlawful and against the rule of law and democratic tenets the 1st and 2nd defendants use of the list of candidates which were Produced from an illegal primary election which ought not to have been conducted in contravention of the order of the Federal High Court as contained in Suit No FHC/ABJ/CS/606/2022.
Chief Okorie, in the suit dated, June 6, 2022 and marked FHC/ABJ/CS/840/2022 listed PDP, INEC and Barr Emmanuel Enoidem as 1st, 2nd and 3rd Defendants.
Appearing for the 1st and 3rd Defendants, Barr Utibe Nwoko intimated the court that when the case came up for mention on July 18, 2022, Counsel to Plaintiff had informed the court that the Defendants were not served with the originating processes, demanding for an adjournment to enable the Plaintiff serve the defendants the originating processes.
Obliging the prayer, the case was adjourned to Thursday, July 21, 2022, but at the resumed hearing of the matter on the adjourned date, both the Plaintiff and his Counsel were no where seen in court, and without any letter notifying the court for adjournment from the Plaintiff’s Counsel.
Consequently, Barr Utibe Nwoko prayed the court to strick out the suit for lack of diligent Prosecution.
Ruling in favour of Barr Enoidem, the Presiding Judge, Hon. Justice Agatha Okeke declared the suit dismissed as prayed by the defendant’s Counsel, Barr Utibe Nwoko.
It could be recalled that, defecting from APC to PDP barely few days to nominations, Chief Okorie bought Expression of Interest Form to contest for Senate in order to dispel Barr Enoidem’s envisaged victory, a trait that is predominantly inherent in him, but was overwhelmingly rejected by delegates, in which he failed woefully, being reason why he approached the court, but was again defeated roundly by Barr Emmanuel Enoidem.
