An Abuja High Court has struck out its earlier order restraining the National Chairman of the All Progressives Grand Alliance (APGA), Mr. Victor Umeh, from parading himself as the National Chairman of the party.
The court also struck out the order restraining him from submitting the names of the party’s candidates to the Independent National Electoral Commission (INEC) for the 2015 general elections.
Orji Nwafor-Orizu had in an ex parte motion granted an interim order restraining Umeh and from setting up any committee/panel in respect of primary election in Anambra State for the 2015 general elections.
The Court, presided over by Justice Valentine Ashi, in striking out the order stated that he was misled into granting the order in the first place and that the court had no jurisdiction to entertain the suit as the plaintiff is neither an aspirant nor a person who participated in the nomination process of the party.
Justice Ashi, relying on several Supreme Court decisions, held that “until a person has participated in the primaries of a political party, he cannot approach the court for any purpose.”
He further declared that “the only recognized exception, where a person can approach the court is under section 87 (9) of the Electoral Act 2010 as amended, this case does not fall within that exception.”