Mr. Okoroafor Tochukwu Okorie, has filed an application before Court Of Appeal Abuja division, seeking to stay execution of the judgment that sacked from office as the chairman Ebonyi Chapter PDP.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Justice A.R Mohammed, the presiding judge, in suit no Suit No. FHC/ABJ/Cs/1319/2021, ruled that the chairman of the Peoples Democratic Party (PDP) in Ebonyi, Tochukwu Okorie, was not validly nominated to contest election into the position.
Justice Mohammed further held that Mr Okorie was indolent in submitting his nomination form and could not benefit from his wrongdoing.
He declared that Mr Okorie submitted his nomination form on October 4, 2021; days after the October 1, 2021 deadline stipulated in the guidelines on the conduct of congress.
Mr Mohammed stressed that Mr Okorie could, therefore, not have been validly nominated and was not qualified to contest in the election held on October 16, 2021.
He consequently directed the PDP to hold that only Silas Onu who filed the suit, was lawfully nominated to participate in the election of October 16, 2021.
The judge also directed the party to issue a certificate of return to Mr Onu declaring him as the duly elected chairman of PDP, Ebonyi chapter.
In a motion on notice filed through his team of lawyers led by Nkemakolam Okoro, prayed the court to set aside the judgment of the trial court and to dismiss the suit filed by Onu.
He followed it up with a motion for stay of execution brought pursuant to order 32 rule 1 of the Federal High Court (Civil Procedure) rules 2019.
He said the notice of appeal raised serious arguable and recondite points of law before the Court of Appeal with great chance of success at the hearing of same.
He contended that the trial judge erred in law in assuming jurisdiction and determining the suit when the subject matter is not one of the items or subject matter enumerated in section 25(1) of the 1999 constitution and also not within the contemplation of section 84(14) of the Electoral Act.
That the trial judge erred in law, when he held that the dispute between the parties is not an internal or domestic affair of the PDP, for which the court lacks jurisdiction to entertain.
That the trial judge erred in law, in entering judgment in the suit when the plaintiff failed to exhaust the internal party dispute resolution mechanism enshrined in the constitution of the party, thus rendering the suit premature and incompetent.
He asked the appellate court to hold that he remains the authentic Chairman of the party until legal avenues are fully explored.
Meanwhile, Okorie has urged PDP members in Ebonyi not to panic over Wednesday’s judgment, adding that he will continue to deliver on the mandate bestowed on him on October 16, 2021, during the PDP elective congress.
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