The Supreme Court of Nigeria has fixed September 23, 2023 for judgment in the appeal filed by Cosmos Ndukwe against the chairman of the Peoples Democratic Party (PDP), Iyorchia Ayu and the party, challenging the position of the party on the issue of zoning its presidential ticket.
The three-man panel led by Justice Amina Augie adjourned after listening to the submissions of the lawyers in the appeal.
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When the appeal kicked off on Thursday, Counsel for Ndukwe, Ken Njemanze who relied on section 152 of the Electoral Act, said his client is entitled to the appeal.
Njemanze also urged the court to evoke Section 22 of the Supreme Court Act which gives rest to the appeal and every other related suits on the substantive matter before any other court.
In his reply, Counsel for Ayu, Ahmed Aliyu said that for one to be the aspirant of a political party, such person must have participated in the party’s primaries, which was not the case for Ndukwe, and as such cannot impose zoning on the political party.
He further noted that there were conditions for party primaries which are guided by party constitutions but zoning was not one of them.
Aliyu also called the court’s attention to the fact that Section 22 of the Supreme Court Act cannot suffice in the appeal as there are processes before the lower court that are not before the Supreme Court in relation to the appeal.
Other Counsels in the Appeal aligned themselves with the submission of Aliyu and urged the court to dismiss the appeal for lack of merit.
The Supreme Court therefore adjourned till September 23 for judgment.
Recall that the Peoples Democratic Party had announced the disqualification of two out of the party’s seventeen presidential aspirants and Cosmos Ndukwe was one of them.
This prompted the former Deputy Speaker of the Abia State House of Assembly, to file an ex-parte application on April 28, for an order of injunction restraining the PDP from proceeding with its scheduled primary election pending the hearing and determination of his suit challenging the position of the party on the issue of zoning its presidential ticket.
(Editor: Omor Bazuaye)
