A Federal High Court in Owerri, the Imo State capital has affirmed Ukaegbu Ikechukwu Joseph as the authentic Labour Party candidate ahead of the forthcoming Imo State governorship election.
Justice BO. Quadri, ruled that the plaintiff Basil Maduka was not an aspirant in the nomination process complained of and that he never participated in the primary election.
Quadri added that he lacked the locus standi to question the outcome of the primary election with regard to who the party nominated.
“By an originating summons dated and filed 27/4/2023, the plaintiff seeks the determination of the following questions: 1(a,b,c,d,e), 2(a,b,c), 3, 4.
“In the response, the 1st Defendant filed a 12-paragraph Counter Affidavit deposed to Comrade Eragbe Anslem on 25/5/2023 to which five Exhibits were attached marked exhibits LP1, LP2, LP3, LP4, LP5 and a written address dated 24/5/2023 and filed 25/5/2023 wherein the lone issue was formulated and argued as follows…..
“Flowing from the above and having considered the nature of the (pg18) above exhibits this court is inclined to attach value and weight to exhibit LP1, LP2, LP3 and LP4 in resolving the conflict in the affidavit as they were issued and signed by the Acting National Chairman (Alhaji Lamidi Bashiru Apapa) on behalf of the National Executive Committee of the 1st defendant and the issue of date is hereby resolved in favour of the first and third defendant that the 1st defendant Primary Election was held on 16/04/2023.
“From a careful analysis, of all the exhibits attached to all the processes before this court, this court finds and agrees with the 1st and 3rd defendant that the primary election of the 1st defendant for the 11th November 2023 Governorship Election in Imo State was held on 16/4/2023 and not on 15/4/2023 as alleged by the plaintiff.
The above exhibits were attached to the counter of both the 1st and 3rd defendants respectively.
“I am of the view that the plaintiff was never an aspirant in the nomination process complained of as he never participated in the primary election that was held by the plaintiff on 16/4/2023.
“And being a member of the 1st defendant does not confer on it the right to question the outcome of the primary election with regards to who it nominated as a candidate for the 11th November 2023 Governorship Election in Imo State and thus it lacks the locus standi to institute this action which makes this court to be devoid of jurisdiction to entertain this suit.
“The law is firmly settled that where there is no locus standi, there is no jurisdiction in the court to entertain the action of the plaintiff.
“Also where an action is improperly constituted, whether on the side of the defendant or the plaintiff, as the case may be, the action is incompetent and adjudication can validly be undertaken on the suit by a court.
“Locus standi is married to jurisdiction. Where a plaintiff has no locus standi to bring a suit, the suit becomes incompetent and the court lacks jurisdiction to entertain it, the only order the Court can make in the circumstance is that of dismissal.
“The court has not found anything to aid the plaintiff to the effect that it has locus standi to institute this action against the defendants and where a plaintiff has no locus standi to bring a suit, the suit becomes incompetent and the court lacks the jurisdiction to entertain it.
“From the totality of all the considered argument and authorities, this court finds in favour of the 1st and 3rd defendant as the plaintiff does not fall within the definition of an aspirant as it never participated in the process leading to the primary election nor took part in the primary election of the 1st Defendant and as such lacks the Locus standi to institute this action as such this court lacks the requisite jurisdiction to entertain and determine this suit same being incompetent,” Quadri ruled.