Hon. Justice C.J Aneke of Federal High Court of Nigeria, Lagos Division has dismissed the case brought before it by the aggrieved members of Lagos State Chapter of the Peoples Democratic Party led by Dr. Fawole Amos Alabi challenging the outcome of the party congress,which produced Phillip Aivoji as the party chairman.
Those joined in the suit are the Independent National Electoral Commission (INEC), PDP, the State Chairman Mr. Aivoji Philip Olabode and others.
Fawole who also contested for the position of the chairman of the party in the state congress held February 27th and 28th 2022 stated in his prayers before the court that the result of the Congress supervised by Bayelsa State governor Douye Diri should be rejected, the case was however dismissed for lack of verifiable evidence.
The 11-man Plaintiff in the case cited SUIT NO: FHC/L/CS/654/2022, seeks invalidation of the congress on constitutional grounds, citing a particular aspirant’s eligibility issue and other 12 questions brought before the Honourable court accompanied with 20 reliefs.
The Hon. Justice C.J Aneke however, dismissed the case having examined the prayers of the plaintiff and the preliminary objection filed by the 40-man defendants, on the grounds that facts deposed to in the affidavit of the Plaintiffs in support of the Originating Summons are violently in conflict with the facts deposed to in the counter affidavit.
Handing down the ruling Hon. Justice C.J Aneke maintained that: “The result is that the Plaintiffs failed to prove any of the allegations made in this case. All the questions framed by the Plaintiffs are resolved against them. Accordingly, all the reliefs also fail.
“Accordingly, the Plaintiffs’ suit is hereby dismissed in its entirety. N500, 000 cost is awarded in favour of the 2nd – 40th Defendants.
