Federal High Court sitting in Port Harcourt has stuck out a suit by one of the governorship aspirants of the All Progressives Congress in the just concluded party primary, BERNARD MIKKO against the APC, their Governorship Candidate, PATRICK TONYE-COLE, the Independent National Electoral Commission and OJUKAYE FLAG-AMACHREE for lack of jurisdiction.
BERNARD MIKKO had approached the court to direct INEC to disqualify TONYE-COLE, claiming that the primary election held on 26th of May, 2022 that brought in the Governorship Candidate was marred with irregularities and that he has a questionable character following a report of white paper that indicted him.
But presiding judge, Justice AYUA PHOEBE in her judgment said the Court lack the jurisdiction to hear the suit for the fact that the plaintiff failed to exhaust all the internal mechanism of the party before instituting the legal action, insisting that party is supreme.
Justice PHOEBE while describing the suit as frivolous and abuse of court process, ruled that MIKKO failed to abide by his earlier oath of allegiance sworn to APC never to instituted any legal action and that he will support whoever that emerges from the Party and thereby struck out the suit
Speaking to newsmen outside the courtroom, one of the Counsels to APC, CHINDA CHIZIM expressed joy over the judgment in favour of their clients.
On his part, ELI OJIGBA who is counsel to BERNARD MIKKO emphasized on the grand that rendered their suit helpless which he said bothered on the law about internal party affairs, saying that they will reach out to their client on the move forward.
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