By Vivian Okejeme, Abuja
The Court of Appeal in Abuja, has sacked a House of representatives member, Hon Micheal Enyong as the Governorship candidate of the People’s Democratic Party (PDP) for Akwa Ibom State.
The judgement, the Court restored Mr Umo Eno, a former Commissioner for Land whose nomination by the party was set aside by a Federal High Court in Abuja on January 20, 2023.
Justice Hamma Akawu Barka voided the judgment of the Federal High Court and set it aside on the ground that it predicated on errors.
It held that the court below decision was delivered in error and that the court was mislead by the plaintiff in the matter to arrive at unjust conclusion.
The Appallate court held that the issue of statutory delegates who voted at the primary election is an internal affairs of the party and that the lower court ought not to have enquired into the issue.
Justice Barka also agreed with Usoro that only the National Working Committee NWC of a political party has power to conduct primary elections for the purpose of nomination of candidates for general election.
The appellate court further held that since the lower court has no jurisdiction to inquire into the internal affairs of PDP, the Judge has no discretion in law to exercise in the matter.
Justice Barka thereafter upheld the appeal of the PDP and vacated all orders made by the Federal High Court judgment in favour of Michael Enyong.
Besides, the Court of Appeal ordered the House of Representatives member, representing Uyo Federal Constituency to pay a sum of one million naira to the appellant as cost of litigation.
Reacting to the judgment Mr Paul Usoro SAN, said that the Judiciary has done justice to the unlawful orders issued by the Federal High Court against PDP.