COURT ORDERS INEC TO RECOGNIZE DELTA PDP
An Abuja Federal High Court yesterday ordered the Independent National Electoral Commission (INEC) to recognize the Executive Committee of the Peoples Democratic Party (PDP) in Delta State.
Delivering judgment in a suit filed by chairman of the party, Barrister Peter Nwaobashi, on behalf of the state Exco, Justice Adamu Kafarati voided INEC's decision not to recognize the party's executive committee on the ground that it was not properly constituted.
He said INEC has no power under the law to interfere with the internal affairs of the party.
The court also held that the issue of congress by party was a domestic affair and that the PDP headquarters decision on the Delta Congress of February 2008 was valid, lawful and constitutional.
INEC had refused to accept and recognize the Delta PDP leadership on the ground that it violated some sections of the Electoral Act.
The commission argued that it did not recognize the leadership of Delta PDP because its officials were not at the 2008 congress for supervision when the leadership was put in place.
But Justice Kafarati dismissed this position and upheld the argument of counsel to Delta PDP, Barrister Emma Dibia who said there was no provision in the 2006 Electoral Act which states that INEC must supervise the congress.
The court also held that the position of INEC was wrongly applied in the 2006 Electoral Act instead of 2010 Act where provisions were made for INEC supervision.