In continuation of the legal battle instituted by the Candidate of the All Progressives Congress, APC Senator Osita Izunaso for Imo West Senatorial District (Orlu Zone), against his Labour Party opponent, Chief Charles Ahize, the Court has dismissed the suit.
In a judgement delivered by Justice B. O Quadri, with suit No: FHC/OW/CS/184/2022 (formerly, FHC/OBJ/CS/1765/2022), held at the Federal High Court Owerri on Tuesday, February 14, 2023, it quashed the Plaintiff’s prayers for errors associated with the case.
Senator Osita Izunaso (APC) had approached the court seeking the disqualification of Ahize as the authentic Labour Party Candidate.
However, after hearing the preliminaries, Justice Quadri dismissed Izunaso’s case on the basis that he does not have the locus standi to file the action.
He explained that a person in a particular Political Party, or a party itself has no locus to seek the disqualification of another aspirant from totally a different party.
Izunaso being of the APC, according to the legal interpretation is said to have no legal right to call for disqualification of Charles Ahize who is of the Labour Party.
It described it as entirely an intra party affair, that is on primary election, so, cannot challenge nomination of a person from another political party when he is from different party.
Secondly, the Court ruled against the plaintiff, stating that the time they filed the case did not fall in line with the stipulated duration of 14 days which applies for such proceedings by the Law.
Having failed to enter the case within 14days, the Court considered it as lacking in procedure.
Further elaborating on the judgement, Counsel to the defendant, Barr. Nelson Ezerioha commended the Judge for dispensing a just judgement.
He opined that his Client, Charles Ahize through the Court has once more been vindicated and certified to join in the upcoming polls.
“The matter of the plaintiff was dismissed because it was startled bad, secondly, it was dismissed because the APC candidate who is the plaintiff has no locus standi to challenge Charles Ahize’s candidacy in Labour Party”, said Ezerioha.
Also, it would be recalled that same Charles Ahize had before now defeated the PDP in the Court, down to the Appeal when they challenged his nomination and candidature in the Labour Party.
