The Federal High Court, Abuja judicial division has dismissed and struck out the suit filed by Smart Ihuoma against the All Progressives Grand Alliance, Chief Victor Oye and INEC.
Smart Ihuoma had instituted a suit in 2019 challenging the conduct of the NEC meeting and the elective National Convention of the APGA. He then asked the court to set aside the outcome of the National Convention and the election of the 2nd defendant (Chief Victor Oye) and other national officers of APGA.
While delivering judgement today, the court considered the Preliminary Objections filed by the defendants challenging the jurisdiction of the court to entertain an intra party subject matter among other grounds of objection.
The Court agreed with the defendants counsel that it lacked the jurisdiction to entertain the claims of the plaintiff being questions arising from the election into the national offices of the 1st defendant and the conduct of the NEC meeting of APGA.
*Hon. Justice A. R. Mohammed in his judgement, stated the clear position of the law as settled in a plethora of appellate court cases that questions arising from intra party affairs of a political party are non-justiciable and no court can entertain the issue of a challenge to the election of the 2nd defendant (Chief Victor Oye) as the national Chairman of APGA.
The court made no order as to costs.