A Federal High Court sitting in Abakaliki, Ebonyi State Capital, has granted the request by the People’s Democratic Party (PDP) to withdraw a suit it instituted against Ebonyi Governor Francis Ogbonna Nwifuru, challenging his nomination as governorship candidate by the All Progressives Congress (APC) for the 2023 general elections.
The nomination of Nwifuru by the APC on the ground that he was still a member of the People’s Democratic Party and couldn’t had been nominated by the APC as its 2023 governorship candidate in Ebonyi State.
The Court presided by Justice Fatun Riman on February 4,2023 struck out the case on the ground that it was statute-barred.
The decision followed a notice of preliminary objection filed by the 1st and 2nd Defendants (Rt Hon Francis Ogbonna Nwifuru and the APC) against the PDP’s suit.
Dissatisfied by the Court’s decision, the Plaintiff (PDP) through its Counsel, Chief Mudi Erhenede in a motion on notice dated 15th day of May 2023, asked the Court to set aside its judgment delivered FHC/AI/CS/7/2023 on 14th February 2023 on the ground that the Plaintiff was not served with the preliminary objection filed by the Defendants that led to the dismissal of the case.
Erhenede argued that hearing the notice of preliminary objection by the Court without being served has denied the Plaintiff fair hearing, hence, the motion before the Court to set aside the said ruling.
