Ebonyi PDP Crisis: Ọnụ approaches Supreme ‘Court over Appeal Court  ruling

From Chinedu Nwafor, Abakaliki

Following the ruling of the Court of Appeal, Abuja division, that reinstated Mr Tochuku Okorie as the Chairman of the People’s Democratic Party (PDP) in Ebonyi State, Barrister Silas Onu has approached the Supreme Court of Nigeria, seeking to upturn the

Recall that Mr Ọnụ and Mr Tochukwu Okorie had contested for the Chairmanship position which held on October 16 2021, but Okorie was declared the winner.

Mr Silas Ọnụ, in his notice of appeal, raised two grounds.

In ground one of his Appeal, Mr Onu is arguing that the Court of Appeal erred in law when it assumed jurisdiction over the appeal before it, and determined same.

“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.

“The Court below struck out the name of Peoples Democratic Party from the appeal and the Respondent, proceeded to amend the joint Notice of Appeal and the joint Brief of Argument.

“The Respondent filed a new Notice of Appeal dated 4 July, 2022 totally removing the Peoples Democratic Party, who is a party directly affected by the appeal, from the proceeding”, he argued.

Mr Silas is insisting that the discontinuance of the appeal by the Peoples Democratic Party renders the Joint Notice of Appeal incompetent, and cannot be amended thereafter.

“The removal of the Peoples Democratic Party as a party to the appeal, altered the original parties to the appeal which is a re-hearing of the proceedings at the trial Court”.

“The lower Court ought to strike out the appeal as it lacked the jurisdiction to make any further Order therefrom as the Notice of Appeal became fundamentally defective and incompetent”.

“The Respondent, in pursuing an appeal has to file his own appeal and make the Peoples Democratic Party a Respondent

in the appeal, since it was a necessary party at the trial Court”

“The Respondent’s Notice of Appeal filed on 04 July 2022 and upon which the appeal was heard and determined, is incompetent.

“The lower Court lacked the jurisdiction to hear and determine the Respondent’s appeal on the defective Joint Notice of

Appeal filed on 22 April 2022, or the Notice of Appeal filed by the Respondent on 04 July 2022″, he argued.

On ground two, Mr Onu is of the opinion that the Court of Appeal erred in law and, thus, arrived at a wrong decision when

it held that the matter being  an internal affair of the party the trial court should not have entertained it.

According to him, “By Sections 82(1) and (3) of the Electoral Act, 2022 it is clear that the Electoral Act, 2022 regulates the activities of political parties by setting a standard within which political parties must conduct their affairs, including congresses and convention”.

“By Section 84 (14) of the Electoral Act, 2022 the Federal High court is conferred with the jurisdiction to hear and determine questions arising from the breach of any provision of the Electoral

Act, 2022; the Constitution of a political party, and Guidelines of a Political Party”.

He opined that the case before the trial Court borders on complaint about the non- adherence to the guidelines for the conduct of congresses made by the Peoples Democratic Party pursuant to its Constitution, and such, Is Justiciable.

He further opined that political parties are bound by law to obey and respect their own constitutions, and guidelines made pursuant to it.

“It is trite law, as expounded by the Supreme Court in AGI v. PDP

& ORS [2016] LPELR-42518(SC) that a Court will interfere in the affairs of a political party where the party “has violated its own constitutional provisions”

“The trial Court established, and exercised its jurisdiction upon

ascertaining that the complaint was strictly about the non adherence by Peoples Democratic Party with the provisions of its guidelines, which were made pursuant to its Constitution.

“It is also trite that where there is a violation of a right, there must be a remedy.The decision of the Court below has occasioned a miscarriage of justice”, he added..

Mr Ọnụ, is therefore, urging the apex court to grant an order allowing his appeal.

He is also seeking an order setting aside the decision of the Court of Appeal entered on 15 August 2022.

Mr Onu further prayed the court for an order restoring the decision of the trial Court delivered on 13 April 2022 which declare him as the authentic Chairman of the party in the state.